Paternity fraud occurs when a father unknowingly provides support and accepts parental responsibility for a child to whom he is not biologically related. This may surprise you in the age of DNA and science, however, DNA tests are rarely undertaken outside of the context of a dispute. Typically, most fathers gain paternal rights because they are presumed by law or they affirmatively acknowledge parentage. This post will go over how paternity fraud occurs and what, if any, compensation you may be entitled to.
Paternity establishes formal legal rights between a father and his child; it entails reciprocal rights and duties. For example, the child may receive support from his father and the father may inherit from his child’s estate. Paternity fraud occurs when the father accepts paternal responsibilities for a child to whom he is not biologically related. This happens when the mother commits infidelity and conceals this fact from her partner.
In this context, paternity fraud is only discovered by accident. For example, during a routine check-up, the doctor may find that the child possesses a medical issue that is not present in either parent or their lineage.
Fathers who discover fraud can file in court for compensation. If established, you may recover compensation for paid child support and to reverse any property exchange completed. The courts are willing to order compensation because paternity support obligations are not voluntary; you must support the child.
But this is a drastic solution, and you may not wish to pursue a lawsuit. If you discover paternity fraud, you may want to speak to a lawyer before you take any legal action. A lawyer can go over the financial and emotional issues that are likely to come up during a paternity suit.