Paternity is often the topic of discussion. While maternity is not something that can often be questioned, because the majority of women give birth to children that are biologically theirs, paternity is something that is often a lot murkier.
There are lots of situations where the paternity of a child can be called into question, and it is estimated that around 4% of American fathers are unknowingly raising a child that isn’t biologically theirs.
While a lot of men, and women, choose to be father figures to children who they aren’t genetically related to, there is a big difference between choosing to do this, and being led into it blindly.
The question of paternity is something that can cause a lot of heartbreak to everybody involved. So, if you find yourself in that horrible situation, you might be wondering if you can sue somebody for lying about paternity.
In this guide, we’ll be telling you the answer to this question, so keep on reading!
What is Paternity?
First things first, let’s take a look at what paternity is. According to Merriam-Webster, paternity can be defined as “the quality or state of being a father”, and it is “granted to a father”.
In relation to suing for lying about paternity, then paternity is used to relate to genetics, and it is synonymous with a paternity test.
Paternity tests are a type of DNA test that are used to determine the genetic link between a father and their child. When a child is born, their DNA is created using a mix of both their mother and their father’s DNA.
Due to this, genetic links can be seen by analyzing the DNA of a child in comparison to the DNA of their “father”. Through this, it is possible to determine whether, or not, the potential father is actually the child’s biological father.
When there is uncertainty over who the father of a child is, paternity tests are often used to determine who the father of a child is.
They are often used in legal battles, especially where there is a dispute over child support. Now, let’s take a look at what paternity fraud is.
What is Paternity Fraud?
So, paternity tests are often used to determine whether, or not, a man is the biological father of a child. But, how does this relate to paternity fraud? And what is it?
Paternity fraud is something that happens when a woman misidentifies the father of her child. This can be done unknowingly, and it can be done knowingly.
Sometimes, paternity fraud can be committed by mistake, but more often than not, the woman who completes it knows that the man she has declared her child’s father on the Birth Certificate isn’t actually the father.
Paternity fraud can also be completed when a woman has a slight uncertainty about who the father of her child is. But, no matter the circumstance, it occurs when a man is asked to sign a legal document that states he is the father of a child who he has no genetic link to.
The “father” usually isn’t aware that there isn’t a genetic link between him and the child, he is simply led to believe that he is, usually by the mother of the child.
However, in some States, paternity fraud can also occur due to the presumption of paternity. This is because in some States, a man is presumed to be the biological father of a child if he is married to the mother of that child when the child was conceived or born.
Of course, there are some cases where the husband won’t necessarily be the biological father of that child. Yet, the State will expect him to support the child regardless.
No matter the type of paternity fraud that occurs, it often goes detected for many years, during which time the man is unknowingly raising a child that isn’t his, and paying child support too.
It is usually by chance that paternity fraud is revealed, for example through medical records, and the fallout is often great. Not just financially, but emotionally too. So, can you sue somebody for lying about paternity?
Can You Sue For Lying About Paternity?
If you discover that you are the victim of paternity fraud, then it can be a very emotionally challenging time. If you had been very close with the child, it can be jarring to discover that the child isn’t actually yours (biologically, at least).
Alternatively, if your only relationship with that child had been paying child support, it can be jarring too. Especially if you had been paying child support for that child for many years. So, if you discover that you are the victim of paternity fraud, can you sue?
Yes, in some States it is possible to sue for paternity fraud. For example, the Supreme Court of the State of Tennessee ruled in 2012 that a man may sue a woman for paternity fraud.
This followed a legal battle between Tina Marie Hodge and Chadwick Hodge, and it resulted in a man being able to sue a woman if she lied about the paternity of their child. Following this case in Tennessee, a woman has the responsibility to inform a man if he is the father of her child. If she is unsure about paternity, she must relay this information to the man.
However, your ability to sue will depend on the State that you live in. But, in most areas you will be able to sue for lying about paternity.
You can also dispute child support payments if it turns out that you are not the legal father of the child that you have been paying for.
Although, just because you can go to Court to dispute this doesn’t necessarily mean that the ruling will go in your favor. Ultimately, the judge will rule on what is best for the child.
Summary
In conclusion, whether, or not, you can sue for lying about paternity really depends on the State in which you live.
So, if you discover that you have been the victim of paternity fraud, you should seek legal advice to explore your next options.
Thanks for reading!
If you enjoyed this article, then you might like our post on ‘Can You Sue Pfizer For Vaccine Side Effects?‘.
Last summer there was a fire in the building.
That was what spurred my idea for Can I Sue, an online source to find out whether you have the grounds to sue or not, as well as helpful tips that you might need during the process.
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