UK studies estimate that paternity fraud affects between 1%-3% of men[1], with attention being drawn once again to this issue in recent weeks as more victims like Ryan Hampson[2] are coming forward to share their story, spread awareness and seek justice. McAlister Family Law’s Eleanor Drury looks at how paternity is treated in the Family Court.
From the perspective of the Family Court, paternity fraud has a devastating impact on fathers, wider families and most importantly any child who goes on to lose an established relationship as a result. It is therefore crucial for any father who suspects dishonesty to seek legal advice and take appropriate action at the earliest opportunity.
If issues regarding paternity are raised in the Family Court, it is likely that in the first instance, court-approved DNA testing will be ordered to determine the outcome and inferences can be drawn if the other parent refuses to allow the child to engage. If paternity is not established, the court must then carefully consider a range of questions including how and when the child should be told, whether the child should have a continuing relationship with their non-biological father and wider family, and whether to now identify and promote a relationship with the biological father.
The court’s paramount concern is the welfare of the child and as such the court will undoubtedly need to consider emotional and therapeutic support for any children processing such news. Consequences for children can include loss of identity, confusion and disruption to relationships although in the long run it is generally considered that being honest with children about their paternity is the right thing to do, provided this is done with a child-focused and sensible approach.
Whilst some are calling on the government to introduce tougher laws and requirements for proving paternity, such as mandatory DNA testing at birth to ensure biological accuracy from the outset, this is likely to be met with resistance for a number of reasons. Such testing brings ethical considerations surrounding privacy and consent and would cause significant demands and pressures on registry offices and testing companies. Striking a balance between protecting the rights of individuals whilst combatting paternity fraud is a complex challenge.
It is promising that the Home Office is looking into this complex area and “Work is under way on a new, expanded Fraud Strategy and we continue to work closely with private industry, law enforcement and tech companies to go after those committing fraud.”
If you or somebody you know are facing the issues discussed above, please get in touch with our specialist team at McAlister Family Law to obtain expert advice as soon as possible. We can help you understand your legal position and your options moving forward.
