A Child's Right to Have Both Parents on the Birth Registration and how it caused "The Baby Naming Case"
Supreme Court of Canada
Cour suprême du Canada
Press release - June 6, 2003
28726
Darrell Wayne Trociuk - v. - Attorney General of British Columbia, the Director of Vital Statistics and Reni Ernst (B.C.) 2003 SCC 34 / 2003 CSC 34
Coram: McLachlin C.J. and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel and Deschamps JJ.
The appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA025972, dated May 23, 2001, heard on December 4, 2002 is allowed with costs throughout. The declaration of invalidity with respect to ss. 3(1)(b) and 3(6)(b) will be suspended for a period of 12 months. If the constitutional defect has not been remedied at that time, the provisions will be of no force and effect by operation of s. 52 of the Constitution Act, 1982.
The constitutional questions are answered as follows:
Question 1: Do ss. 3(1)(b) and 3(6)(b) of the British Columbia Vital Statistics Act, R.S.B.C. 1996, c. 479, on their own or in their effect, discriminate against biological fathers on the basis of sex, by providing biological mothers with sole discretion to include or exclude information relating to biological fathers when registering the birth of a child, contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms?
Answer: Yes.
Question 2: If question 1 is answered in the affirmative, is the discrimination a reasonable limit prescribed by law which can be demonstrably justified in a free and democratic society under s. 1 of the Charter?
Answer: No.
L'appel interjeté contre l'arrêt de la Cour d'appel de la Colombie-Britannique (Vancouver), numéro CA025972, en date du 23 mai 2001, entendu le 4 décembre 2002 est accueilli avec dépens dans toutes les cours. La déclaration d'invalidité des al. 3(1)b) et 3(6)b) est suspendue pour 12 mois. Si l'inconstitutionnalité n'est pas corrige cette date, ces dispositions deviendront inopérantes en vertu de l'art. 52 de la Loi constitutionnelle de 1982.
Les questions constitutionnelles reçoivent les réponses suivantes:
Question 1 : Les aliénas 3(1)b) et 3(6)b) de la Vital Statistics Act, R.S.B.C. 1996, ch. 479, constituent-ils, en violation du par. 15(1) de la Charte canadienne des droits et libertés, une discrimination fonde sur le sexe, contre les prées biologiques, en accordant aux seules mirés biologiques la faculté d'inclure ou d'exclure des renseignements sur les prées biologiques lorsqu' elles enregistrent la naissance d'un enfant?
Réponse: Oui.
Question 2: Si la réponse la question 1 est affirmative, la discrimination constitue-t-elle, suivant l' article premier de la Charte, une limite raisonnable prescrite par une règle de droit et dont la justification peut se démontrer dans le cadre d' une société libre et démocratique?
Réponse: Non.
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 ..