Tricked 'fathers' may get bill's help - Paternity Fraud
TRIBUNE-REVIEW, Pittsburg, PA, USA, By Jason Cato, Friday, June 20, 2008
Michael Lautar was devastated when he learned his first wife was cheating on him, and then crushed to discover the then 5-year-old girl who called him "Daddy" wasn't really his daughter.
Next came the sucker punch.
Lautar is under court order to pay nearly $800 a month in child support and other expenses, despite the fact his ex-wife has admitted in Allegheny County court papers that Lautar is not the girl's father. The child was born during their marriage. After the couple divorced, the mother married the girl's biological father. The mother, the father and the daughter live together in Moon, according to papers filed in Allegheny County Common Pleas Court.
"I'm stuck in this rip-off, this fraud," said Lautar, 40, of North Strabane. "It's paternity fraud, is what it is. ... And the state is enforcing this fraud."
Attorney David Hanna of Aliquippa, who represents Lautar's ex-wife, declined to comment, and she could not be reached.
State Sen. John Wozniak, a Democrat from Johnstown, plans to introduce a bill next week intended to help men who claim to have been tricked into believing they are fathers. Wozniak's bill would require DNA tests in any case where paternity is an issue for a child born in wedlock and if the child is not yet 5 years old.
"If you haven't figured it out by then, you're probably not going to figure it out," Wozniak said.
Modern technology should be used as a tool to help courts determine who is the biological father -- and who isn't, Wozniak said.
"Everybody is pro-family, but there are circumstances out there that are not fair," he said.
Either party or the court could order the tests under Wozniak's bill, and the court would determine whether one of the parties or the county would be responsible for paying the cost.
Allegheny County judges last year ordered nearly 2,800 paternity tests, according to Family Court records. Only a small percentage of those cases involved children born to married couples. Each test costs $210, which is charged to the man if he is found to be the father and to the county if he is not.
About a dozen states have amended laws concerning paternity.
Pennsylvania relies on a centuries-old English common law doctrine where a husband is presumed to be the father when a child is born into a marriage. In court filings, Lautar's ex-wife used that argument to convince Judge David Wecht to continue child support payments. State courts often rely on that presumption to trump DNA testing.
State law prohibits men from rescinding parental rights if they have acted as a child's father. Courts routinely have ruled it is not in "the best interest of the child" to suspend child support payments unless the man was fraudulently duped into believing he was the father.
"Nowhere in the law is there the best interest of the child," Lautar said. "The truth is the best interest."
Lautar said he has scientific proof that he did not father the girl, now 10, but said judges repeatedly refused to accept it as evidence.
His lawsuit to stop paying child support is on appeal to Superior Court, which last year ruled in favor of a father in a similar situation.
Dr. Mark Hudson of Finleyville is entitled to a paternity test to help him prove he is not the biological father of a 13-year-old boy his former wife conceived in an extramarital affair, the court ordered. Hudson is under court order to pay $2,800 a month in child support for two children, only one of whom he claims he fathered.
"Overall, this issue isn't raised often, but it is raised," said Dan Richard, director of the state Bureau of Child Support. "Nationally, this is a fairly hot topic."
Lautar said he has no plan to abandon the girl who spent Father's Day with him. He and his new wife fought for and won visitation rights.
But he resents being forced to financially support another man's daughter.
"We're having trouble starting our own family because they're stealing our money," Lautar said. "This woman and man are committing fraud, and the court is supporting it."
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.
Infidelity--It may be in our genes. Our Cheating Hearts
Devotion and betrayal, marriage and divorce: how evolution shaped human love.
South Korean Husband Wins Paternity Fraud Lawsuit
Associated Press, USA
June 1, 2004
South Korean husband successfully sues wife for Paternity Fraud and gets marriage annulled. Wins $42,380 in compensation
DNA test confirms fraud, annulment granted: judge
The Visayan Daily Star, Bacolod City, Philippines, BY CARLA GOMEZ, February 28, 2009
Bacolod Regional Trial Court Judge Ray Alan Drilon has annulled the marriage of a Negrense couple after a DNA test showed that the child borne by the wife was not the biological offspring of the husband who works abroad.
The family court judge ruled that the marriage of the couple, whose names are being withheld by the DAILY STAR on the request of the court, was null and void.
Due to fraud committed by the wife in getting her overseas worker husband to marry her, properties acquired during their marriage are awarded in favor of the husband, the judge said in his decision, a copy of which was furnished the DAILY STAR yesterday.
The judge also declared that since the overseas worker is not the biological, much less the legitimate father of the child of the woman, the Civil Registrar is ordered to change the surname of the child to the mother's maiden name and remove the name of the plaintiff as father of the child.
The complainant said he was working as an electronics engineer in the United Arab Emirates and on his return to the Philippines in 2001, his girlfriend of 10 years with whom he had sex, showed him a pregnancy test result showing that she was pregnant.
On receiving the news he was overjoyed and offered to marry her. Shortly after he went to Saudi Arabia to work, and his wife gave birth to a baby girl in the same year.
The birth of the child only five months after their marriage puzzled him but his wife told him that the baby was born prematurely, so he believed her, the husband said. Read More ..
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.
Infidelity 'is natural'
BBC, U.K., September 25, 1998
Females 'stray to gather the best possible genes for their offspring'
Infidelity may be natural according to studies that show nine out of 10 mammals and birds that mate for life are unfaithful.
Experts found animals that fool around are only following the urges of biology.
New studies using genetic testing techniques show that even the most apparently devoted of partners often go in search of the sexual company of strangers.
Females stray to gather the best possible genes for their offspring, while males are driven to father as many and as often as possible.
"True monogamy actually is rare," said Stephen T Emlen, an expert on evolutionary behaviour at Cornell University.
Who's the Daddy?
Up to three million Britons may be wrong about who their real father is , experts claim. But using DNA paternity tests to discover the truth can cause its own problems.
BBC, U.K., May 16, 2003
Dad's got blue eyes, Baby brown...
When Tessa found out she was pregnant after fertility treatment, she felt a mix of delight and doubt.
This wasn't simply pre-baby nerves - she suspected that her husband might not be the father. For Tessa had started sleeping with a colleague when the stress of the ongoing treatment became too much.
Keen to build a family with her husband, she let him believe the baby was his. But her lover threatened to reveal all if she ended the affair, and Tessa soon fell pregnant again. This time, her lover started to make nuisance calls to her home.
Tessa had no choice but to tell her husband. "I said to him, 'I've had an affair and you may not be the father of my children.' So with that, he went up the stairs, got dressed and left. And that was it," Tessa says in Women Who Live a Lie, a programme for the BBC's Five Live Report.
Would you wear the jacket?
THERE IS A story I used to find hilarious in my high school years about a not too bright man. He was light skinned, his wife was of similar hue, but their first child was born with very dark complexion (darker dan Bello, blacker dan Blakka).
When the man wondered aloud about the baby's complexion his wife assured him that the child was born dark because the child was conceived in darkness (they had sex with the lights off). The man accepted the explanation. Because he loved his wife dearly, he also ignored the fact that the child had other obvious signs of resemblance to the young dark skinned man who did their gardening. To fix the problem, the husband put flood lights, strobe lights, spotlights and forty other lights in the bed room so there would be no more darkness to create dark babies.
United States
"Duped Dads, Men Fight Centuries-Old Paternity Laws"
"Supporters of paternity identification bills point to a 1999 study by the American Association of Blood Banks that found that in 30 percent of 280,000 blood tests performed to determine paternity, the man tested was not the biological father." Read More ..
Download / view pdf file
American Association of Blood Banks
Parentage Testing Program Unit
Annual Report Summary Testing in 2001
Volume of testing 310,490 for the 2001 study
The Supreme Court of Canada -
Cour suprême du Canada
Big win for child identity rights.
Father wins right to be named on birth registration forms. Read More ..
Tricked 'fathers' may get bill's help
Michael Lautar was devastated when he learned his first wife was cheating on him, and then crushed to discover the then 5-year-old girl who called him "Daddy" wasn't really his daughter.
Next came the sucker punch.
Lautar is under court order to pay nearly $800 a month in child support and other expenses, despite the fact his ex-wife has admitted in Allegheny County court papers that Lautar is not the girl's father. The child was born during their marriage. After the couple divorced, the mother married the girl's biological father. The mother, the father and the daughter live together in Moon, according to papers filed in Allegheny County Common Pleas Court.
"I'm stuck in this rip-off, this fraud," said Lautar, 40, of North Strabane. "It's paternity fraud, is what it is. ... And the state is enforcing this fraud."