How common is paternity fraud? Should it be illegal?

[Kelley1]

A situation where a woman falsely identifies a man as the biological father of her child, either intentionally or mistakenly is referred to as paternity fraud. Paternity fraud can be demonstrated by a mother who, in order to obtain child support, falsely claims that a man is her kid’s biological father. Paternity fraud is not illegal in the United States and is not considered a crime. For offenses involving paternity fraud, there have not yet been any criminal prosecutions. Even while paternity fraud usually carries no legal consequences, it is nonetheless unethical to fraudulently collect child support.

Updates

1 y

About 10% of women commit Paternity fraud one or more times. Within 5 to 10 years of marriage, almost all women cheat with an exceptionally attractive man such as a movie star. However, seldom does cheating result in a pregnancy. Almost all men would cheat if they could However, most men never cheat because women consider 80% of men below average. Therefore, women reject them in favor of very attractive men. Cheating is equal for men and women. A few men cheat a lot, most women cheat a little.

[RavVid]

The best assessment I have seen was by an Australian quango and it put it at 10% in Australia and 30% in the US.

It is not so easily established because historically it was tested by blood samples before DNA tests were available. So historical records are fairly dodgy. When paternity tests are done it is mostly because the husband is suspicious and it turns out husband suspicions are somewhat accurate - it is around 30% in those cases.

There has been a civil fraud case in my country and that succeeded to a limited degree and resulted in legislative changes. Paternity fraud really does meet all the thresholds of fraud in that it is obtaining money by deception.

It is also a very nasty personal betrayal. I know two men who believe they are the father but aren't. One had a Maori girlfriend who went on a girls weekend and fucked a Maori bouncer. Sometime later the girlfriend decided she didn't like being a mom and lit off for parts unknown. So the guy is raising a genetically unrelated daughter as a single dad. Very evil on multiple levels.

The civil fraud case I mentioned succeeded at the second highest court but failed on appeal to the highest. The female judge (who had cheated on her husband) ruled it would disadvantage the children and therefore it could not be allowed to succeed. Dodgy I think.

Civil fraud cases in the US and elsewhere might succeed.

[MrOracle]

Tennessee actually passed HB 253/SB 331 last year, which is the first state law that makes paternity fraud illegal.

It should be noted that in several states, fathers (or presumed fathers) cannot legally have paternity tests run on their (presumed) children without the mother's consent. It's even worse in France - DNA tests can only be performed by court order, and they are routinely denied for paternity testing, because France doesn't want to end up paying for bastard children, so whomever the mother names as the father is legally the father, with very little chance of that being overturned regardless of the circumstances.

in my opinion, paternity tests should be automatically performed at birth, before any birth certificates are signed. That would ELIMINATE false paternity, and if it's the routine procedure, then no one can be accused of accusing anyone of anything. It's ironic that only in Tennessee - and only very recently - is there any law that prevents mothers from lying about this, despite the huge penalty that comes with false paternity. If the situation was reversed, this would be a presidential campaign issue, but because it only affects men, few people care.

[Apple1996]

Probably not that common and no it shouldn't be illegal. Men should only be having sex with women they 100% trust. If it happens that the kid isn't his that's on him for having sex with a untrustworthy woman

[Jennz6]

The guy could have DNA 🧬 test done if he isn’t the father

[msc545]

He needs to at least suspect that he is not the father. most guys won't go there.

[Kelley1]

@msc545 Men won't go there unless they suspect. Then the rate of paternity fraud is very high. The American Associations of Blood Banks reports that each year approximately 28% of the men tested for paternity are not the biological fathers of the child being presented as theirs.

[msc545]

I have spoken to too many men who had a vague suspicion and could not bring themselves to find out for certain via a DNA test.

[DJB72]

The issue is intent. It should definitely be a criminal act as it has potentially life-threatening consequences for the man. Men forced out of their homes or who are imprisoned for missing a single payment - and even after DNA proof they're not the father - are still held liable for child support feature prominently in the male suicide figures.

Women who have knowingly engaged in unprotected sexual activity with multiple men should be required to prove a particular man is the father prior to receiving a single payment, and if a man is not the father - irrespective of how long he has been paying support - his payments plus interest should be repaid to him by the mother immediately. Or she goes to jail exactly the way he would have done.

[SixFootSexy]

I've heard it could be as common as 1 in 4 married men are cucked. Personally know one guy who's younger brother doesn't share the same biological dad. I think it should be an elective testing at every hospital and if it's not the husband/father claimed, then the death penalty for the promiscuous mother.

[Kelley1]

Most women occasionally cuckold their husbands but seldom does it result in pregnancy. Since most women cheat the death penalty would be too extreme.

[SixFootSexy]

Women would have to decide if the sex was worth risking death over. So that's exciting. It already is a thing in Islamic countries.

[NaultD]

It's the intentionally knowing is the potential crime. if you don't know you just don't know.

This is why military does paternity tests at birth for the military benefits. Normal hospital don't give a fuck so pay for it.

As a dude myself and if I find myself in that situation. I want to be just made whole of my actual responsibilities and financial loss but I'm not about throwing a mother into jail and leave a child alone under my call. Leave away whole and walk away.

[Oncewildtwiceburned]

There are tons of things that used to be illegal that are encouraged behaviors today. Men going to prison for not paying child support to an ex that alienates them from his kids that she abuses and wouldn’t use the money on, who got sole custody because ahe said the dad is mean and hit her, should also be illegal

[sawno]

If there isn't a counter law where the man can demand a DNA test to disproof he is the father that system is insanely broken.

[sawno]

In my opinion it shouldn't be illegal, but the man should have a right to disproof he is the father to then be taken off the birth cert.

[Kelley1]

Typically there is a one-year time limit, after which he cannot challenge paternity.

[sawno]

One year of being told I assume?

[Kelley1]

No! It is one year from birth. If he is not told, that is his problem.

[sawno]

They need to fix that since otherwise she can purposefully wait one year.

[Kelley1]

She is not going to admit that she lied anyway. If he doesn't discover her deception, he will never know.

[Surely]

Probably paternity fraud is more common than anyone will ever know. DNA testing should be kept as a legal means to prove paternity.
If a woman can accuse a guy of rape decades after the supposed rape occurred. A man should be able to prove infidelity years later. Then sue for the return of his child support from the actual sperm donor.

[Billlewis]

I think it's fairly common, but I wouldn't want it to be made illegal. It provides an important function in society, because women need a beta to help raise the other guy's baby.

[msc545]

Interesting that it is a crime for men to NOT pay child support, but when women defraud men by lying about paternity there are no legal consequences.

[Kelley1]

Women deserve special privileges.

[msc545]

They get them but they don't deserve them.

[LEGENDARY4200]

I do believe it is pretty common just as a means of support

[noohair]

I had to take a blood test back in the 90's before there was DNA testing. I got a Zero, paternity excluded.

[Dongie]

As much as rape is against the law.