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Paternity Fraud Legislation Sweeps the Nation

Group Plans Town Hall Meeting in NJ Showing Plight of Victimized Families

Men's News Daily - Newswire, New Jersey, United States, April 30, 2003

A fact that many find astonishing is that many men nationwide are forced by court order to pay child support for other men's children, or face jail time.  These deceived men are referred to as "duped dads" by some.  In 2000, The American Association of Blood Banks found that in almost 30 percent of the paternity tests conducted the man being tested was not the biological father.

These men are victims of paternity fraud. Paternity fraud victims can be married or divorced men as well as unmarried men. Most states, including New Jersey, rely on a 500-year-old English common-law doctrine that says that any child born of a marriage is legally presumed the child of the husband.

Paternity fraud legislation bills are now winding their way through state legislatures across the country, including New Jersey where a vote on paternity fraud bill, Assembly Bill 2374, is scheduled for May, 2003.  

To let the public see for themselves what paternity fraud legislation is really all about, U.S. Citizens Against Paternity Fraud (US -CAPF) and The American Coalition for  Fathers and Children (ACFC) plan:

** a press conference on May, 8, 2003, at Room 209, State House, West State Street, Trenton, at 1 PM, eastern time.

**and a public town hall meeting on May 9, 2003, at 3:00 to 5:00 PM, eastern time, Marriott Hotel, in Trenton, New Jersey.

Planners of the town hall meeting will show the plight of families victimized by paternity fraud. All media, legislators, the general public, and policymakers are encouraged to attend.  Paternity fraud victims are invited to come and tell their story and give their comments. (Contact US - CAPF at or ACFC at 1-800-978-3237 for details.)

Scheduled to appear at the Trenton, New Jersey town hall meeting are Carnell Smith and Dianna Thompson.

**Carnell Smith, founder and executive director of U.S. Citizens Against Paternity Fraud (US-CAPF), who testified at the California Senate Judiciary proceeding, said of the upcoming New Jersey legislation and a town hall meeting planned by his team:  

"At the town hall meeting, New Jersey will have a similar opportunity, as did California, to see the devastating financial and emotional effects of paternity fraud on families and children. The California hearing was powerful.  Anyone who witnessed that proceeding had to be moved by the suffering of the paternity fraud victims and their families. I don't see how anyone who truly understands the intent of these anti-paternity fraud bills, like the one being considered in New Jersey, could deny these good people relief. These families can't wait.  And, in California, I believe this was reflected in the fact that there was only 1 "no" vote and 1 abstaining."

Smith knows the subject of paternity fraud well. He led the team for the new Georgia paternity fraud law passed in May, 2002, releasing "duped dads" from child support payments for children proven by DNA not to be theirs biologically. Smith finally won his own paternity fraud case after a four-year legal fight including a trip to the U.S. Supreme Court.  As a result, Carnell, his wife Lisa Smith, and child have now been released from a long nightmare.

 Dianna Thompson, executive director of The American Coalition for Fathers and Children (ACFC) also testified at the California proceedings where she said, "...We always talk about 'What about the children?', but in a lot of these cases where  men are being made to pay child support for children that aren't theirs, and in a lot of cases they have never met these children, their own biological children suffer as a result of that as well as their wife."  She explains that, "We can use DNA to release an innocent man from death row. We should be able to use DNA testing to clear a man wrongly named as a father and release him from the financial burden of supporting another man's child."

Dianna Thompson is a nationally recognized expert on families and divorce-related issues and an advocate for shared parenting.  She has testified against paternity fraud in several states.

Also appearing at the town hall meeting is Michael Huff, award-winning songwriter and paternity fraud victim, whose song "Real Life (Sarah's Song)", the international theme song of US - CAPF, will be performed live by accomplished musician, David Staton, at the town hall meeting.  This song conveys the powerful and painful emotions of discovering that a child you thought was yours is not yours biologically. Michael Huff wrote about the inspiration for his song: "At that time, and for a long time thereafter, words could not even begin to describe how I felt. I'm sure that's why it took 10 years and many attempts to finally complete it. Once completed, it did provide closure for me, but in my heart, I know I will never get over losing my child. My greatest hope at the time was to be able to get the song out to share with others that have experienced the same terrible ordeal so they would know they are not alone in their situation."

In a moving proceeding in California on April 22, 2003:  Women and men, one holding his infant son, testified about how paternity fraud has profoundly and negatively affected their lives.

Yvette Kee, a former U.S. Marine who served for 4 years, gave moving testimony in support of passage of a California bill that would release certain "duped dads" from being forced to pay child support for children who are not theirs.  Years ago, Yvette's husband, Chaka, while serving in the U.S. Army and unbeknownst to him, became the legal father of another man's child by a default paternity judgment. He is now forced by court order to financially support this child. Yvette and her husband have their own family who they are now supporting.

Yvette spoke of the financial burden of supporting a child who is not theirs and said of her husband, "...His ability to support his own family has been severely impacted. His credit has been ruined, and our dream of owning a home together has not occurred because of that. His income tax refunds have been intercepted.  He 's not able to obtain a passport. ... It's really hard to explain to your family why your husband is not allowed to leave his country because he is supposed to pay support for a child that he did not create. Many people don't believe you when you tell them that this is the reason why sometimes bills are unpaid or there's things that we go without. ... My husband's wages are garnished up to 50 percent ..."

At the end of the witness testimony, the bill passed overwhelmingly by a vote of 5 to 1 (with 1 abstaining). It now moves to the California Senate for a full floor vote.

Maryland, Alabama, and Georgia have progressive paternity legislation laws that release "duped dads" from past and future child support payments for children proven by DNA testing not to be theirs biologically. In addition to New Jersey, anti-paternity fraud legislation has been reintroduced in states including New York, Pennsylvania, Texas, Florida, California, Michigan, Colorado, Maine, and Vermont.

Paternity fraud may affect anyone - men, women, and children -in shocking and often  devastating ways:

**One New Jersey woman scheduled to appear at the public town hall meeting will explain how she is forced to declare her soon-to-be ex-husband as the legal father of her child, even though he is not the biological father. Everyone concerned, including the ex-husband, mother, and biological father, wants the real dad to be named on the birth certificate. This demonstrates that biological fathers who were not notified that they have a child and would gladly step up to the plate to be "Dad" can also be victims of paternity fraud. As incredible as it seems, in this case, the biological dad is forced into a position of having no legal rights to his own biological child, and his child is deprived of a biological father. Legally, this father is made a stranger to his own flesh and blood due to an archaic and obsolete legal doctrine.

 ** There are "duped grandmothers and grandfathers."  When paternity fraud is allowed to exist in a legal system, the child in question and a whole extended family suffer.  This is what motivates one  "duped grandmother" in Pennsylvania who is leading the way for paternity fraud legislation in her state.

 **Paternity fraud victims come from all walks of life, including the clergy. Many of our victims are military because while they are away on active duty, they are unable to attend paternity hearings if they are wrongly named as fathers. Even the "The Soldiers' and Sailors' Civil Relief Act" has not helped them. Military men may also be vulnerable to being falsely named as dads because they have good pay, insurance benefits, and are responsible individuals.

 US- CAPF and ACFC encourage all victims to contact them for the press conference and town hall meeting.  Five free DNA tests will be given to selected persons under New Jersey jurisdiction.

Paternity Fraud
UK National Survey

Paternity fraud survey statistics

Scotland's National Newspaper

96% of women are liars, honest

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.

Globe and Mail - Paternity Fraud statistics for Canada

Canada's largest
national newspaper

Mommy's little secret

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.

BBC News logo

One in 25 fathers 'not the daddy'

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.

Biological father
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.

Paternity Fraud - Spain Supreme Court - Civil Damages

Daily Mail UK

Adulterous woman ordered to pay husband £177,000 in 'moral damages'

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.

Sydney Morning Herald

Biology, not heart, provokes women's infidelity

Sydney Morning Herald, Australia
January 15, 2009

BEAUTIFUL women who have affairs can now blame it on their sex hormones.

Women with higher levels of oestradiol, a form of oestrogen, not only look and feel more attractive, they are also more likely to cheat on their partners, a new study has found.

One-night-stands are not what interest these flirtatious females, who tend to have bigger breasts, relatively small waists and symmetrical faces as a result of their high levels of oestradiol.

Rather, they adopt a strategy of serial monogamy, say the researchers, led by Kristina Durante of the University of Texas.

Paternity Fraud & the Criminal Code of Canada

Paternity fraud: Is it or should it be a criminal offence under the Criminal Code of Canada?

You be the judge.

Independent Women's Forum

Who Knows Father Best?

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

Broadcast: November 22, 2004

Who's Your Daddy?

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 ..

Paternity Fraud

Sunday Times

DNA: Why the truth can hurt

The Sunday Times
March 27, 2005

IT sounded too good to be true and it was.

The fairytale that saw Federal Health Minister Tony Abbott reunited with the son he thought he had given up for adoption 27 years ago, ABC sound-recordist Daniel O'Connor, ended this week when DNA tests confirmed another man had fathered Mr O'Connor.

The revelations were devastating for all involved, not least Mr O'Connor.

Still reeling from the emotional reunion with his mother, Kathy Donnelly, and Mr Abbott a few months ago, a simple test of truth has thrown the trio into disarray a situation familiar to thousands of other Australians.

Paternity testing in Australia is a burgeoning industry.

The simplicity of the test cells are collected from a mouth swab grossly underestimates the seriousness of the situation.

Paternity Fraud Australia

Fathers May Get Money Back in Paternity Fraud Cases

18 March, 2005
FindLaw, Australia

Proposed new laws will make it easier for fathers to recover child maintenance payments if DNA testing reveals that they are not the child's father.

The Family Law Amendment Bill 2005 allows people who wrongly believed they were the parent of a child to recover any child maintenance paid or property transferred under an order of a court under the Family Law Act 1975 .

"The bill is intended to make it easier for people who find themselves in this position to take recovery action without the need to initiate separate proceedings for an order from a court of civil jurisdiction, such as a State, Local or Magistrates court," Attorney-General Philip Ruddock said.

USA Today

Men wage battle on 'paternity fraud'

USA TODAY, by Martin Kasindorf, December 12, 2002

An acid sense of betrayal has been gnawing at Damon Adams since a DNA test showed that he is not the father of a 10-year-old girl born during his former marriage.

"Something changes in your heart," says Adams, 51, a dentist in Traverse City, Mich. "When she walks through the door, you're seeing the product of an affair."

But Michigan courts have spurned the DNA results Adams offered in his motions to stop paying $23,000 a year in child support. Now, Adams is lobbying the state Legislature for relief and joining other men in a national movement against what they call "paternity fraud." Read More ..