Virtual Library of Newspaper Articles

$70,000 paternity ruling sets precedent

The Age, Australia, By Ian Munro, November 23, 2002

A man who successfully sued his former wife for damages because she told him he was the father of her lover's children had set an Australian legal precedent, the man's lawyer said yesterday.

Judge John Hanlon awarded Liam Magill $70,000 for general damages and economic loss, and ordered his former wife, Meredith Magill, to pay costs.

Mr Magill's solicitor, Vivien Mavropoulos, said the decision had extended the law of deceit to the circumstances of a man being falsely led to believe he was the biological parent of a child.

A tearful Mr Magill, 52, would not comment after the judgment, but his partner, Cheryl King, said they were ecstatic. "It's the mere fact we got a judgment in favour," Ms King said. "Money does not come into the equation - it's the fact we have been able to set a precedent.

"We wanted this woman to be held accountable for her actions. So far as setting a precedent, we have achieved what we set out to achieve."

Mrs Magill's barrister, Bill Gillies, obtained a 28-day stay on the court order, leaving open the option of an appeal.

The court had heard that Mr Magill married his wife in 1988. DNA tests in 2000 showed that Mr Magill was the biological father of only the first of their three children born between April, 1989, and November, 1991.

After the couple separated late in 1992, Mr Magill made child support payments for all three children until 1999. At one time his take-home pay was reduced to about $130 a week.

Judge Hanlon said evidence that Mrs Magill, 36, had misled her husband about paternity began with the children's birth certificates in which she nominated him as the father.

He said evidence suggested that Mrs Magill knew her husband was not the father of either child. "If she did not know for a positive fact that Mr Magill was not the father, she was at least being reckless as to the truth," Judge Hanlon said.

He said he accepted Mr Magill's testimony that the couples' sexual relationship had all but ceased by the time the third child was conceived, and it was likely that Mrs Magill was having sex Read More ..equently with her lover than with her husband.

The court heard that Mr Magill suffered stress, anxiety and depression over the break-up of his marriage and the revelation that he was not the father of all of his children. He had been unable to work for several years.

Judge Hanlon said the damages award was not a punishment for Mrs Magill's infidelity, nor was it an adjustment or rebate for past child support.

Judge Hanlon said he was aware that Mrs Magill would have been trying to save her marriage from the enormous uproar had she revealed her suspicions about her younger children's paternity.

Mr Magill had sought $100,000 in general damages and $300,000 in further, exemplary damages. Judge Hanlon said that awarding exemplary damages would have disregarded the complexities of the situation that confronted Mrs Magill.

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.

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.  Read More ..

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 ..

ABC
Australian Broadcasting Corporation

TV PROGRAM TRANSCRIPT
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 ..

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 aren't, 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 ..

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. Read More ..

Paternity Fraud

Sunday Times

DNA: Why the truth can hurt

The Sunday Times
Australia
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.

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 ..

BBC News logo

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.

paternity fraud in Jamaica

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.

Children's Identity Fraud
Paternity Fraud

Duped Dads, Men Fight Centuries-Old Paternity Laws

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 ..


AABB logo

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 ..

Paternity Fraud

Pittsburgh Tribune-Review

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." Read More ..

New Zealand

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 ..