West Australian News, By Roy Gibson, 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.
But, a court ordered paternity test proved that Mr. Macdonald was not
the boy's father and he stepped out of the child's life.
However, Judge Wisbey ruled that Mr. Macdonald had failed to prove Ms
Gray's behaviour was fraudulent as her belief that he was the father of
her child was honestly held- but wrong.
The Judge said: "Because of the special relationship that existed
between the parties as sexual partners, there was a duty of care on Ms
Gray not to advise Mr Macdonald that he was responsible for her
pregnancy if the position could be otherwise."
Describing Ms Gray as, "Naive, guileless and gullible", Judge Wisbey
said she genuinely believed that Mr. Macdonald was responsible for her
pregnancy
Ms Gray, who repaid the child support payments made by Mr Macdonald
before the court case, was ordered to pay $8498.00AUD damages.
This covered Mr Macdonald's travel and accommodation expenses to visit
the newborn baby in hospital in August of 2001 and the legal costs
associated with getting an order from the Family Court for a paternity
test.
Mr Macdonald lost his claim for loss of earnings.
Evidence was given that Mr Macdonald and Ms Gray met in Northam in 2000
and, over the next few months they had sex several times.
To Mr Macdonald, it was just a casual relationship but Ms Gray thought
they had a future together.
Ms Gray became pregnant in December 2000- a month in which she had had
sex with Mr Macdonald and another man.
Judge Wisbey ruled that Ms Gray had a duty to tell Mr Macdonald of
the other sexual encounter and the possibility that Mr Macdonald may not
be the father on the unborn child.
The Judgement in this legal case can be read on this website
The decision of the District Court of Western Australia in Perth can be read on this website.
Read More ..
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.
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.
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.
BEAUTIFUL women who have affairs can now blame it on their sex hormones.
Women with higher levels of oestradiol, a form of oestrogen, not only
look and feel more attractive, they are also more likely to cheat on their
partners, a new study has found.
One-night-stands are not what interest these flirtatious females, who
tend to have bigger breasts, relatively small waists and symmetrical faces
as a result of their high levels of oestradiol.
Rather, they adopt a strategy of serial monogamy, say the researchers,
led by Kristina Durante of the University of Texas.
Paternity Fraud & the Criminal Code of Canada
Paternity fraud: Is it or should it be a criminal offence under the Criminal Code of Canada?
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.
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 ..
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.
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.
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 ..
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 ..
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.
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.
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 ..
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.
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.
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.
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.
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.
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.
