What is Misattributed Paternity?
Misattributed Paternity is the incorrect identification of a child’s biological father. This unfortunate situation can occur due to many reasons ranging from intentional deception to errors in documentation, but needless to say, it can cause a lot of emotional and legal concerns.
In the UK, misidentification of a child’s biological father is rare, with numbers typically falling around 1-3%, however, thankfully this is falling, as processes and testing get better with time – a 2008 review of UK Child Support Agency cases found misattributed paternity in only 0.2% of instances, a huge improvement since the 1960s data.
Why choose us to support your Misattributed Paternity case?
Terrells is the leading expert in paternity fraud and is fully regulated by the Solicitors Regulation Authority and Members of Resolution, the UK Family Law Association.
Our founder, Roger Terrell, is well-known for his experience in this area and has been involved in some very high-profile, complex cases, prominently featured in the media, giving him the reputation of being one of the UK’s leading names in paternity law.
As such, we have established ourselves as leaders in this industry by addressing the emotional, financial, and legal ramifications of paternity fraud while also providing guidance on navigating the psychological impact these cases can have on the individuals involved.
If you have been wrongly identified as the biological father of a child or children and need help supporting your rights, please contact us here.
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How Can Misattributed Paternity Occur?
There are several ways in which misattributed paternity can occur, one main cause is infidelity, where a mother may not be truthful about the biological father’s identity causing a father to incorrectly believe a child is their own.
Intentional deceit is also possible in these cases where parents may make fraudulent claims in order to secure undue child support.
Less commonly, but still possible, is an error in paternity testing resulting in incorrect results. These methods are becoming more and more accurate with time, however, and therefore the cases of these are becoming extremely diminished.
It is important to note that misattributed paternity is not always intentional or deceitful, it can purely be a mistake of the mother and so it is important to understand the complete picture before allocating blame.
What are the Consequences of Misattributed Paternity?
There are an array of emotional, psychological, financial, and legal consequences of misattributed paternity.
Discovering the true father in these cases can cause significant emotional distress for both the father and the child involved, particularly in longer, complex, drawn out cases.
The legal and financial implications can also be heavy due to the child support, custody agreements, inheritance, and more. It is important to fully learn and understand the rights of the deceived father to ensure a proper, fair conclusion is achieved.
Paternity fraud is not considered a criminal offense, and therefore the deceived father’s rights are addressed with civil law. In these cases, DNA testing for confirmation of paternity is a right, alongside the ability to file a civil lawsuit for deceit and fraudulent misrepresentation if it can be proven that:
-The mother knowingly misrepresented the biological paternity.
-The father relied on this misrepresentation.
-The deception caused financial or emotional harm.
-Damages may include compensation for financial support paid under false pretenses and mental anguish
Child support repayment, custody and parental responsibilities, and claims for emotional/psychological damage are also all within the rights of the deceived father if this can be proven.
Children involved in paternity fraud are also subject to their own rights which are largely focused on their welfare due to the high degree of emotional distress often involved in these cases.
The Children Act 1989 states that any resolution should prioritise the child’s emotional, financial, and social stability which ensures them the right to have clarity on who their biological father is, protection from emotional harm, financial support, and legal advocacy.
What Can You Do if You Suspect a Child Is Not Yours?
If you suspect you have been a victim of paternity fraud, the first step is to seek legal advice from a family law attorney for direction on taking legal action. Alongside this, you should consider undergoing DNA paternity testing, and also discussing concerns with the mother of the child.
If you have been financially supporting the child, you may have legal grounds to request a change in financial responsibilities if paternity is disproven.
Our founder Roger Terrell is a renowned expert in this field and has handled notable paternity fraud cases in the UK including:
The Richard Rodwell Case (2013) where Terrells was successful in representing Rodwell and setting a legal precedent in holding individuals liable for paternity fraud and recovering the damages incurred.
The Richard Mason Case (2019) a complex case of a man discovering he was infertile after being the assumed biological father of three children. Terrells Solicitors pursued legal action, eventually securing £250,000 in damages for Mason.
Our expertise means we can offer wide-ranging support and legal advice you can trust in the case of paternity fraud, please contact us for more information.
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Misattributed paternity FAQs
Paternity tests are typically highly accurate when determining whether a man is the biological father of a child. It is crucial to use a reputable testing service to ensure the reliability of the results.
The process of taking a paternity test in the UK is relatively brief and can often have a result within 3-10 working days.
This will involve sample collection either at home or through your chosen source followed by lab testing and result delivery.
It is important to go through trusted sources and not aim to rush the process if looking to have a trusted, conclusive, and legally accepted result.
If it is confirmed through a paternity test that you are not the biological father of a child you have been paying child support for, you may be able to seek a refund of the payments made.
Conclusive evidence that you are not the father will be required, in which case the CMS may refund previous child maintenance payments. However, this will depend on the specific circumstances of your case.
With this in mind, it is always advised to consult with and work alongside legal professionals in this area to understand your options.
Contact us for more information.
There is a lot of complexity when looking at the legal rights and cohabitation agreements of parties involved in paternity fraud. The well-being of the child involved (The Children Act 1989) and the right of the deceived father are paramount within this and it is therefore advised to speak with a legal professional as a first step.
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