Dad files $6.3M B.C. birth certificate lawsuit
CTV.ca News Staff, October 29, 2004
Convinced British Columbia is unjustly preventing him from adding his name to his children's' birth certificates, Darrell Trociuk is suing the province for $6.3 million.
Backed by a Supreme Court of Canada decision that keeping his name off the birth certificates is unconstitutional, Trociuk says B.C. is blocking his attempts to be a dad.
Trociuk and the children's' mother, Reni Ernst broke off a two-year relationship shortly after their triplets were born in January, 1996.
According to Trociuk, that's when his troubles began.
"Originally in the hospital, she filled out a form and put 'unacknowledged'," he told Canada AM, recalling the birth of his sons Ryan, Andrew and Daniel.
"I said I wanted to be involved in the children's lives and support them and be involved and love them. So she decided not to send in the form... and agreed that I'd be acknowledged and the children would have joint names."
Although Ernst acknowledged he is the kids' dad, and accepts child support payments from him, Trociuk says she sent in the form anyway.
Trociuk then applied to the B.C. Department of Vital Statistics for his name to be returned to the record, and for his three sons to take the joint surname Ernst-Trociuk.
"It's a part of being involved in my children's lives," Trociuk told Canada AM when he was asked why the surname change is so important.
But the department refused his application without explanation. His claim was then rejected by both the provincial court and B.C. Supreme Court before it was dismissed by the province's Court of Appeal.
Canada's Supreme Court took a different position, however, ruling that the section of B.C.'s Vital Statistics Act preventing Trociuk's name from being on the birth certificate was unconstitutional
The high court gave British Columbia one year to change it.
According to Trociuk's suit, the government's actions have caused him "emotional upset, humiliation, degradation and pain and suffering and have caused him to be separated from his children, both physically and emotionally, and the damage and loss caused by this separation can never be recovered."
"This has been very financially hard on me. This has been a long, drawn-out court action and I'm trying my best," Trociuk told Canada AM on Friday.
The suit seeks $100,000 per child for malice, bad faith, improper purpose, breach of fiduciary duty, discrimination and/or negligence and $1 million per child for aggravated damages for malice, improper purpose, breach of fiduciary duty, discrimination and/or negligence and a further $1 million per child for punitive damages.
With files from The Canadian Press
UK National Survey
Scotland's National Newspaper
5,000 women polled
Half the women said that if they became pregnant by another man but wanted to stay with their partner, they would lie about the baby's real father.
Forty-two per cent would lie about contraception in order to get pregnant, no matter the wishes of their partner.
An indepth look at paternity fraud, men's and children's rights. 10 minutes.
This segment of CBC News: Sunday was on a paternity fraud case in which the husband was ordered to pay child support for 2 children which weren't his biological children.
The article contains info about children's identity fraud at The Hospital for Sick Children in Toronto, Ontario, Canada.
December 14, 2002.
Includes interview with employees of Hospital for Sick Children in Toronto, Ontario, Canada who admit they deny children's identity information to husbands/male partners of mothers who want to hide the real identity of their child because they had an affair. The U.N. Convention on the Rights of The Child specifically supports a child's human right to have a relationship with both his/her biological parents. In addition, this article is proof that The Hospital for Sick Children ("Sick Kids") supports paternity fraud.
Further "Sick Kids" supports a mother's rights only, which they view, supersedes 3 other people's rights, namely, the rights of the biological father, the rights of the mother's male partner/husband and the child's identity rights.
Up to one in 25 dads could unknowingly be raising another man's child, UK health researchers estimate.
Increasing use of genetic testing for medical and legal reasons means Read More ..uples are discovering the biological proof of who fathered the child.
The Liverpool John Moores University team reached its estimate based on research findings published between 1950 and 2004.
The study appears in the Journal of Epidemiology and Community Health.
Professor Mark Bellis and his team said that the implications of so-called paternal discrepancy were huge and largely ignored, even though the incidence was increasing.
In the US, the number of paternity tests increased from 142,000 in 1991 to 310,490 in 2001.
The Daily Mail, UK
18th February 2009
An adulterous Spanish woman who conceived three children with her lover has been ordered to pay £177,000 in 'moral damages' to her husband.
The cuckolded man had believed that the three children were his until a DNA test eventually proved they were fathered by another man.
The husband, who along with the other man cannot be named for legal reasons to protect the children's identities, suspected his second wife may have been unfaithful in 2001.
Paternity fraud: Is it or should it be a criminal offence under the Criminal Code of Canada?
You be the judge. Read More ..
Independent Women's Forum
Feminist organizations including the National Organization of Women (NOW) has objected to legislation that requires the courts to vacate paternity judgments against men who arent, in fact, the father.
Think about that. NOW wants some man, any man, to make child support payments. The woman who doesnt even know who the father is, should not be held responsible for her actions, is a sweet, loving, blameless mother who seeks only to care for her child and if naming some schmuck as father who never saw her before in his life helps her provide for the innocent babe, well then, that's fine.
Innocence is no excuse. Pay up. Read More ..
Australian Broadcasting Corporation
TV PROGRAM TRANSCRIPT
Broadcast: November 22, 2004
Last year, more than 3,000 DNA paternity tests were commissioned by Australian men, and in almost a quarter of those cases, the test revealed that not only had their partners been unfaithful, but the children they thought were theirs had been sired by someone else. Read More ..