Our thanks to Gerry for this. He writes:
“So a man who falsely claims he is not a father is labelled as ‘feckless’ and goes to jail. But a woman who falsely claims a man is the father remains anonymous. [J4MB: The Crown has never prosecuted a woman for paternity fraud.] Maybe this man is lucky. After all, she could have accused him of rape and got him a harsher sentence.”
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In this case a woman was prosecuted Fraudster woman jailed for 12 months for faking DNA paternity test – Liverpool Echo But for faking the test, not for the claim. Looking into this it is the case that paternity fraud is not a criminal offence and therefore men who find they have been duped have to go through the civil courts, as in this case which was eventually won Man wins right to sue in paternity ‘fraud’ case | The Independent | The Independent
Given the totally non intrusive tests now available there seems no reason for the J4MB Manifesto demand for mandatory DNA test to confirm parenthood at or around birth, amongst the many other tests that occur in that period, should be implemented. The only real argument against this appears to be that this may increase the cost to the state were it found there were a high % of children without a father (if the mother refuses to identify likely candidates) and we continue to pay for “single parenthood” from taxes. It is absurd that you can be prosecuted for fraud in faking a DNA test but not for knowingly claiming a man is father of the child.
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Thanks Nigel. Paternity fraud is a crime under the Fraud Act, albeit not specifically so (likewise MGM – and FGM – under the Offences Against the Person Act 1861). A few men have brought private prosecutions and got money for their trouble, albeit of course not money to fully compensate them for their investments in children who were not their own.
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This blog gives a very readable description of the UK law https://www.moorebarlow.com/blog/is-paternity-fraud-a-crime-in-the-uk Given the ease with which DNA testing could establish the facts there appears no real reason this messy state of affairs should be continued.
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