The Government of Australia
Attorney-General's Department
Media Release 042/2005, 17 March 2005
GOVERNMENT ACTS ON CHILD MAINTENANCE RECOVERY IN CASES OF PATERNITY FRAUD
The Government has acted this week to enable people who, through the use of DNA testing, have found they are not the parent of a child to recover child maintenance payments.
Attorney-General Philip Ruddock said legislation introduced in the Parliament yesterday would address the issue of people who had wrongly believed they were the parent of a child.
He said the Family Law Amendment Bill 2005 would allow that person 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,” he said.
Mr Ruddock said the amendment would apply retrospectively to cover payments made before start of the new provisions.
“This Bill applies to orders for support of children such as step-children, dependent children who are 18 years and older, and children who were born, or whose parents separated, before the child support assessment scheme came into effect in 1989,” Mr Ruddock said.
Existing legislation already allows for recovery of amount paid through arrangements with the Child Support Agency.
Mr Ruddock said the Government made recent changes to parentage testing procedures would reduce the risk of inaccuracy and fraud by tightening up the identification aspects of these procedures.
The Government' s procedures also ensure the best interests of the child are taken into account in considering whether a genetic sample should be taken from a child.
The Victorian Supreme Court today handed its decision in Magill v Magill [2005] VSCA 51.
“It is not appropriate for me to comment on that case except to note the action the Government has taken in relation to paternity fraud,” he said.
Media Contact: Charlie McKillop Parliament House Phone: 02 6277 7300 Fax: 02 6273 4102
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."
Lack of DNA Paternity testing abuses Dads and Kids
New Zealand Child Support Reform Network.
Press release:
10 November 2004
Lack of free Family Court Ordered DNA Paternity testing abuses Dads and Kids.
"The Labour Government is abusing fathers and children by failing to legislate for free DNA testing to establish paternity", is how Jim Nicolle, spokesperson for the New Zealand Child Support Reform Network, responds to United Futures call for Family Court Ordered DNA paternity tests. Read More ..