What is paternity fraud?

Paternity fraud occurs when a mother – either mistakenly or deliberately – misidentifies a man as the biological father of her child, leading him to believe he has a paternal obligation (emotional, financial or legal).

In this article, we take a closer look at paternity fraud including how common it is, how it happens, and the legal consequences.

How common is paternity fraud?

Establishing the prevalence of paternity fraud in the UK is challenging, as there is limited data on the subject due to the sensitive and private nature of paternity disputes.

However, studies suggest that the rate of paternal discrepancy globally – where a man is not the biological father of a child he believes to be his – varies from 0.8% to 30%, with a median of 3.7%.

What are the common scenarios and methods of paternity fraud?

Some of the most common scenarios that lead to paternity fraud, include:

• Misidentification: where a woman either knowingly or unknowingly (due to uncertainty of paternity) names a man as the father on the birth certificate, when he is not the biological father.
• Infidelity: where a woman conceives a child with a man other than her partner but still chooses to name her partner as the father on the birth certificate.
• Legal and financial motivations: some mothers may name a man as the father of their child to secure child maintenance, inheritance rights, or other financial benefits for the child.
• Societal or family pressures: social stigma or pressure from family can lead a mother to misidentify a man as the father. This is especially common in circumstances where the biological father is unknown, unavailable, or deemed unsuitable.

Some of the methods that people use to commit paternity fraud – either knowingly or unknowingly – include:

• Falsifying birth certificate information: In the UK, a mother cannot name a man as the father on a birth certificate without his consent, unless they are married at the time of the birth. If false information is knowingly provided this could be considered fraud, although prosecutions are rare.
• Misrepresentation in legal documents: paternity fraud can occur as a result of deliberate misrepresentation in legal documents or proceedings, such as during child maintenance claims or custody disputes.

• Manipulation of DNA testing: although rare, there have been instances of individuals tampering with DNA samples or documentation to skew a paternity test result in their favour. Examples include submitting DNA samples from a different child or adult to manipulate the outcome of a paternity test.

  It’s important to note that this is more of a risk during peace of mind paternity testing, where the sample donors collect their own DNA samples at home and return them to the laboratory for testing. In this instance, the laboratory must trust that the DNA samples provided for testing are from the individuals named in the test.

  For a court approved/legal paternity test, a professional sample collector collects the DNA samples of each person taking part in the test, and chain of custody procedures are followed throughout the testing process to ensure samples are collected from the right people in the correct way. This ensures the results of the test will be accepted by the family court and for other legal matters.

Is paternity fraud a crime?

While paternity fraud is not explicitly classified as an offence under UK law, certain legal principles can be applied to cases involving paternity fraud, depending on the circumstances.

For the most part, the UK legal system focuses on the welfare of the child in cases of disputed paternity, which influences how paternity fraud cases are resolved. This means that cases of paternity fraud are typically handled through family courts where issues of child support and parental responsibility can be reassessed in light of new evidence (e.g. paternity test results).

Legal implications of paternity fraud can include:

• Fraud Act 2006: a mother who knowingly deceives a man into believing he is the biological father of a child may be considered to have committed fraud by false representation under the Fraud Act 2006. However, such cases are rarely prosecuted, as proving intent and harm can be difficult.
• Child maintenance and financial claims: if a man is ordered to pay child maintenance based on false paternity, he may have legal grounds to challenge the payments in the civil courts. However, even if paternity fraud is discovered, he may still be liable for past payments, as the courts prioritise the child’s welfare.
• Misrepresentation in legal documents: if a mother falsely identifies a man as the biological father on the child’s birth certificate, it could be considered a false declaration under the Perjury Act 1911.

• Civil disputes: some men have successfully sued for damages after finding out about paternity fraud. In most cases, child maintenance payments made before the fraud was discovered are non-refundable, even if a paternity test proves that the man is not the biological father.

  There have been instances of men who have been able to prevent future child maintenance payments after proving they are not the biological father of the child, but they must apply to the Child Maintenance Service (CMS) or court for provision.

What are the consequences of paternity fraud? Can you sue for paternity fraud?

Even though paternity fraud is not classified as a criminal offence in the UK, the act of paternity fraud can have serious legal, financial and emotional consequences for everyone involved, including the child.

The legal and financial consequences of paternity fraud are primarily handled through the civil legal system.

For the mother who knowingly or unknowingly committed the fraud, legal consequences could include:

• Prosecution for fraud or perjury
• Civil liability – the man who was falsely named could sue for damages if he can prove that he suffered financial loss or emotional distress

Some options for victims of paternity fraud in the UK include:

• Recovery of financial losses: men who have been deceived into paying maintenance for a child who is not biologically theirs may seek to recover these payments. However, in most cases, payments made before the fraud was discovered are non-refundable, even if a paternity test proves that the man is not the biological father.

  If paternity fraud has led to financial loss, the man in question could sue for damages in the civil court. Future child maintenance payments could also be stopped if a DNA test proves that the man is not the biological father.

• Amendment of parental responsibility: the legal responsibilities and rights associated with parental responsibility may be amended once paternity fraud is proven.

• Compensation for emotional distress: in some cases, courts have awarded compensation for the emotional distress caused by paternity fraud. 

How can you prevent paternity fraud?

Paternity testing is the most effective way of preventing paternity fraud, providing conclusive, irrefutable DNA evidence of a child’s biological parentage while the mother is still pregnant, or following the birth of a child.

A paternity test works by analysing the DNA of the alleged father and the child to identify matching DNA markers. If the tested man is the biological father of the child, the man and the child will share DNA at every tested marker. If he is not the biological father, this will not be the case.

Types of paternity testing include:

• Peace of mind paternity testing: for these tests, test participants collect their own samples at home and return the samples to the laboratory for testing. As the name suggests, the results are for your personal use/knowledge only and cannot be used in court or for other legal matters.
• Legal/court-approved paternity testing: for a legal paternity test, analysis at the laboratory is performed in the same way. However, the samples are collected by a professional sample collector under strict chain of custody conditions, to maintain sample integrity and ensure the results of the test will be accepted by the courts and other official bodies.

Peace of Mind vs. Legal DNA tests – What’s the difference?

We offer two options for paternity testing at AlphaBiolabs:

• Paternity testing: analysing up to 45 DNA markers, with results the next day as standard*. For this test, all that is required is a cheek (buccal) DNA sample from the alleged father and the child. The test can be performed at any time on a person of any age, including newborn babies and grown-up children/adults.
• Non-invasive Prenatal Paternity (NIPP) testing: a NIPP test is 100% risk-free for mum and baby and can be performed as early as 7 weeks into pregnancy. All that is required is a blood sample from mum, and cheek swab samples from mum and the alleged father. This makes the test completely safe, unlike invasive prenatal paternity tests which carry a small risk of miscarriage (chorionic villus sampling or amniocentesis). Results are provided in 3-5 days*.

*Business days from receipt of samples into the laboratory, before 10am.

Both our Paternity test and NIPP test are available for peace of mind or legal/official matters.

Other ways that men can prevent paternity fraud where there are doubts about paternity:

• Request a paternity DNA test before signing any legal documents, such as a birth certificate
• Educate yourself on paternity rights and responsibilities, including child maintenance laws and your legal obligations as a biological parent with parental responsibility
• Be proactive in maintaining communication/transparency – this includes having open and honest conversations about paternity as early as possible
• Seek legal advice/action if fraud is suspected

Where can I get a paternity test?

You can order a peace of mind Paternity test online now, direct from our accredited UK laboratory.

If you require a paternity test for court, you’ll need to order a legal paternity test.

Alternatively, contact us on 0333 600 1300 or email info@alphabiolabs.com and our friendly, discreet Customer Services team will be happy to answer any questions you might have.