Husband makes cheating wife pay for time spent raising lover's child
The London Times, London, U.K., from Adam Sage in Paris, May 3, 2005
A FRENCHMAN has won a ground-breaking ruling against his former wife and her lover, ordering them to pay back the money that he had spent on bringing up a child he had mistakenly assumed to be his own.
The man, named as G in the ruling, was awarded 23,000 (15,600) after a DNA test revealed that he was not the father of the 13-year-old child, Astrid.
He had raised her as his own daughter, paying for her food, clothing, toys, schoolbooks and holidays, the Caen Appeal Court in Normandy said. It added that his former wife, B, from Cherbourg, had always had doubts about the identity of Astrid's father: she was unsure whether it was her husband or her lover.
The judges said that she had committed a "fault" by failing to tell her husband that she had been having an affair at the time of the conception and that she did not know whose daughter Astrid was.
The court denounced the lover, named as L, who suspected that Astrid might have been his child, but who also failed to air his suspicions.
In the ruling, the wife and the lover were ordered to pay the former husband 15,000 in compensation for the
money that he had spent on Astrid. "It has not been proved that he would have voluntarily carried out his
natural duties (towards Astrid) knowing that he was not the father," the judges said. They were required to
pay a further 8,000 to cover the "moral and psychological damage suffered by G, who finds
himself deprived of his fatherhood of Astrid," the court ordered.
Matre Grard Mjean, a French family law specialist, said: "In this type of case, mothers who cheat are condemned to pay. They can no longer make and unmake fathers with impunity."
Pierre Murat, Professor of Law at Grenoble University, said: "The court has taken account of the good faith of the father, who believed the daughter to be his own. The difficulty is evaluating exactly how much a man has spent on a child. That's very complicated."
The case arose when B left her husband, sought a divorce and married L with whom she had been having an affair throughout her first marriage. She decided to settle the issue of Astrid's paternity once and for all and asked a laboratory in London to carry out a genetic test. In France such tests only can be ordered by a court. When scientists said that they were 99.85 per cent certain that L was the father, a French judge gave him parental authority and changed Astrid's surname.
The girl, who had been living with the man she had thought to be her father, G, was told to move in with her mother and her real father.
In their decision the Caen judges said: "The situation with which she is confronted is particularly disturbing," adding that she was subjected to "psychological pressure". The court granted G's request to continue to see Astrid.
About 3,000 French people go to court every year to demand DNA tests to settle such disputes. Many hundreds Read More ..k for private tests to be undertaken abroad, most notably in Britain, Belgium and Germany.
The demands for DNA tests often involve men setting up home with a woman who already has a child. Many say that the child is theirs to simplify administrative procedures with France's bureaucracy. Should a couple separate, the man may deny paternity to avoid paying an allowance and ask for evidence to prove his argument.
In one recent case a man was held liable in a civil action after his teenage "son" raped a woman. He was ordered to pay her damages. But he told the court that the boy was not his, and produced a DNA sample to prove it. He won his case.
UK National Survey
Scotland's National Newspaper
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.
Devotion and betrayal, marriage and divorce: how evolution shaped human love.
Associated Press, USA
June 1, 2004
South Korean husband successfully sues wife for Paternity Fraud and gets marriage annulled. Wins $42,380 in compensation Read More ..
Paternity Fraud Philippines
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 ..
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.
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.
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.
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.
"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 ..
Volume of testing 310,490 for the 2001 study
The Supreme Court of Canada -
Cour suprÃªme du Canada
Father wins right to be named on birth registration forms. Read More ..
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 ..