The concept of family is a fundamentally important part of all cultures around the world. Our understanding of our relatives and heritage determines our development and identity and can influence all aspects of our lives both as children and adults.
As children, we rely on our parents and wider family to help shape our understanding of ourselves, the world and our place within it. We trust them implicitly to protect us and guide us. So the discovery that you don’t know your true family, and in particular who your parents are, can be devastating.
What is Paternity Fraud?
Paternity fraud is a term used to describe a situation when a mother misrepresents who a child’s father is. Whilst it can be easy to imagine a devious villainess determined to elicit some form of financial gain or avoid the consequences of an extramarital affair, these situations can be complex and extremely sensitive. There may be factors such as domestic abuse, fear or cultural expectations which play a part in the deception.
Regardless of the ‘how’ or ‘why’, paternity fraud can have serious consequences for all involved.
The discovery of paternity fraud can happen in a variety of ways but may be becoming more common with easier access to DNA testing kits, which are now widely available to people looking to understand their ethnic background and genealogy.
What is the law on paternity fraud in the UK?
Whilst paternity fraud itself is not a specific crime, if it is connected to an act of fraud, such as forging DNA tests, then it could give rise to criminal charges.
It is more likely to give rise to the civil claim of deceit or to be a relevant factor in financial disputes on divorce or, most importantly, in disputes relating to the children in question. Such disputes could include;
- How and when the child should be told. Caselaw has clearly established that it would be in the best interests of children to know the truth of their paternity, although the circumstances for revealing this must still be determined regarding each child’s welfare.
- What the continuing relationship should be with the non-biological father. This will again depend very much on the circumstances but could involve protecting this parent’s legal rights concerning the child or determining the time that they spend with them.
- Whether a relationship should be established with the biological father (if known) and the wider family.
In addition to legal questions, there would undoubtedly be the need to consider emotional and therapeutic support for any children and the family as they navigate the news and deal with the consequences. This could be an extremely difficult and unsettling time for all involved and one which will have lasting consequences for all involved.
What are the consequences of paternity fraud?
The consequences of paternity fraud will very much depend on the circumstances of each particular family.
In most cases, parental responsibility, which is the assignment of legal rights and obligations in respect of a child will automatically be assigned to a child’s mother and to a father is they are either married to the mother or named on the birth certificate. Whilst the discovery of paternity fraud will not automatically change this, it could justify a change in who has a parental responsibility for a child and who could bring a case in the Family Court in relation to that child if a disagreement arises.
It could also impact how someone’s estate is dealt with on death particularly if assets are left to a general category of ‘children’ or ‘grandchildren’ and so paternity fraud could have consequences for the wider family as well as those immediately involved.
If paternity fraud is being considered in the context of divorce, then it could have an impact on the financial settlement both in relation to the parties’ conduct and what awards should be made for future needs. It could also mean that financial claims could be made against the biological father either by the mother or the child depending on the circumstances.
Paternity fraud is also likely to affect child maintenance. If a person discovers he is not the father of a child for whom he is paying child maintenance for then he would be able to stop those payments going forward. It is, however unlikely that he could claim back any historic child maintenance as it would be assumed that this would have already been used for the benefit of the child. A new child maintenance claim could also be made against the biological father.
There is not a great deal of case law surrounding these types of issues, and they are found not only in the Family Court but also in civil and criminal cases. These cases clearly establish not only the importance of parentage, paternity and knowing the truth of where you come from but also the devastation that can come from such revelations. We find these matters important for a reason, and it may be that there can eventually be some joy in the discovery of one’s true self and a wider family. That is very much going to depend on how those involved deal with the matter and as difficult as it may be, they should, just as the Family Court must do, make any child’s welfare their paramount consideration.
How we can help
If you are, or think you may be, facing issues relating to paternity fraud, it is important to obtain advice as early as possible. This will help you understand the legal position as well as the possible outcomes and options for resolving matters and help you in making the best decisions for you and your family. This is all the more important as the situation is likely to be complex and highly emotive with consequences affecting children as well as the immediate parents (biological or otherwise) and wider family. At Rayden Solicitors we can provide advice in relation to the legal issues which may arise from paternity fraud including in relation to child arrangements, divorce, financial matters and child maintenance. We can also assist with rights of wider family members such as grandparents or non-biological family members. Our expert lawyers will be able to support you and assist you in understanding the law as well as the options for resolving matters in the best way for you and your family. Please contact us to discuss your situation in confidence.
