Virtual Library of Newspaper Articles

Visayan Daily Star Newspaper

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.

But the husband told the court he discovered that the medical records of the child showed that she not delivered prematurely, contrary to what he assumed, but had reached the full term of pregnancy which was about nine months. It means that the child was already four months in her mother's womb, when his wife told him that she was pregnant, which compelled him to marry her, he added.

"The defendant concealed to him the fact that she was pregnant by another man at the time of the marriage…this concealment constitutes fraud, and a legal ground for annulment of marriage," he told the court.

Drilon, in declaring the marriage null and void, said "This is one marriage, which failed because of deceit and concealment by the wife, regarding the paternity of the child, which she delivered after the marriage. There is no question that defendant spouse was impregnated by a man other than her husband, and she made her husband believe that he was the father."

But the strongest and most positive proof, that he is not the father of the child is the result of the DNA testing, administered on the mother, the judge said.

The DNA test result shows that there are no matches that would indicate that he is the father of the child, the judge pointed out.

"The law provides that concealing by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband, constitutes fraud (Article 46, Family Code)," the judge said.

"A marriage may be annulled when the consent of either party was obtained by fraud. Concealment by the wife of the fact that at the time of the marriage she was pregnant by another man, not her husband, constitutes fraud.

The court upholds the cause of the plaintiff, in releasing him from this bond of marriage, tainted by concealment and deceit," the judge added.

*CPG


This website has a large section with many articles on paternity fraud and child identity rights

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 ..

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 ..

Supporting Child Identity Rights

The Australian

Fathers demand mandatory paternity testing

A men's rights group has called for mandatory paternity testing of all babies after government figures revealed almost 600 instances of men compelled to financially support children they did not father.

Since changes to child support laws four years ago, there had been 586 cases of men successfully using DNA testing to show they were not biologically related to children they had been financially supporting, the federal government has revealed to The Australian.

Paternity Fraud Philippines

DNA paternity test confirms fraud, annulment granted: judge | Visayan Daily Star Newspaper | Phillipines

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 ..

Paternity Fraud - Civil Lawsuit
Unfaithful mother fined $120,170

Courier-Mail Newspaper
Australia

Unfaithful mother fined $120,170

From correspondents in Rio de Janeiro
Agence France-Presse

September 18, 2007

A BRAZILIAN woman has been ordered by the country's Supreme Court to pay a hefty fine to her husband for failing to mention that he was not the father of two of their children.

The Rio de Janeiro woman, whose identity was not disclosed, was ordered to pay her husband over $US100,000 ($120,170 Australian Dollars) for having hidden from him for almost two decades that the children in question were fathered by a lover, the court's offices said yesterday.

The husband also had sought damages from his wife's lover, the court said.

Associated Press Man Can Sue Woman For Sperm Theft Distress

Man Can Sue Woman For Sperm Theft Distress

Associated Press, U.S.A.
Feb. 24, 2005

CHICAGO (AP) A woman accused of using her lover's sperm to impregnate herself without his knowledge can be held liable for the unwitting father's emotional pain, the Illinois Appellate Court has ruled.

In the ruling released Wednesday, a three-judge panel reinstated part of a lawsuit against Sharon Irons, a doctor from Olympia Fields. The ruling sends the case back to Cook County Circuit Court.

Irons was sued by her former lover, Chicago family physician Richard O. Phillips, who accused her of a "calculated, profound personal betrayal" of him after a brief affair they had six years ago.

Woman failed to tell man he was not father

West Australian News

21st December 2005

A pregnant woman has a duty of care not to tell a sexual partner he is the father of her unborn child if it is possible another man is the real father a District Court judge has ruled.

And mother-of-three, Kellie Gray, of Pinjarra, was negligent in not having a paternity test done as soon as her son was born, Judge John Wisbey said in his judgement in a damages action by a father who turned out not to be the father.

Rodney Macdonald, of Kewdale, claimed damages of about $70,000AUD from Ms Gray on the grounds that he was tricked into believing he was the father of her son. He gave up a well paid mining job to move to Perth to be nearer the child.  Read More ..

Fathering Magazine

A Woman's Right to be Criminal

December 5, 2002

I read a USA Today article on child support by Martin Kasindorf entitled, Men wage battle on 'paternity fraud'. Paternity fraud is when a woman names the wrong man as a father for the purpose of forcing him to pay child support. The words 'paternity fraud' were in quotes as if they referred to someone's questionable characterization rather than a straightforward fact. This might have moved me to let out a long sigh except that I knew it would not have been worth the trouble. I know from experience that 'paternity fraud' would not have been in quotes unless we were being prepared for some unadulterated bullshit. Read More ..

Infidelity Causes Paternity Fraud

Time magazine - Infidelity - It may be in our genes. Our Cheating Hearts

Infidelity--It may be in our genes. Our Cheating Hearts

Devotion and betrayal, marriage and divorce: how evolution shaped human love.

South Korean Husband Win Paternity Fraud Lawsuit - Associated Press

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   Read More ..

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.

BBC logo

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.