Paternity Fraud (Academic Resources)
Title: The Perspectives and Practices of Women on Paternity Fraud in Jamaica: Post COVID-19
Publication: International Journal of Humanities & Social Science: Insights & Transformations
Authors: Paul A. Bourne, Pheonie Lewis, Kimberly Griffiths, Peta-Gay Coleman, Lyshanya Whitely, Avonelle Dennis, James Fallah, Calvin Campbell, Clifton Foster, Caroline McLean, Tabitha Muchee, Advella L. Meikle
Summary: The study examined the reasons and attitudes towards paternity fraud among women in Jamaica. The analysis revealed that the most common reason cited for committing paternity fraud was financial stability of the man. While a majority of women believed that paternity testing should be mandatory, a significant portion opposed this view. The study also found that although many women condemned paternity fraud, they were less inclined to support punitive measures against women who commit such acts. The findings highlight the importance of financial security as a determinant of paternity fraud and suggest the need for further research to better understand women’s perspectives on this issue.
Family Reunion Comment: This research contributes to the understanding of paternity fraud and underscores the importance of considering diverse perspectives when addressing this issue in Jamaican society and beyond.
Title: The Male’s Perspective on Paternity Fraud in Jamaica during the Post-COVID-19 Era
Publication: International Journal of Humanities & Social Science: Insights & Transformations
Authors: Paul Andrew Bourne, Sasha-Lee Bailey, Jayda Tuller, Sydric Munroe, Jylissa Hartley, Kareema Ford, James Fallah, Calvin Campbell, Clifton Foster, Caroline McLean, Tabitha Muchee, Advella L. Meikle
Summary: The findings of this study highlight the strong disapproval of paternity fraud among participants, with a majority expressing that it is morally wrong. The high percentage of participants who stated they would undergo DNA testing to determine paternity and believe it is a man’s right demonstrates the importance placed on verifying biological parentage. However, the concerning responses indicating potential abuse, violence, or extreme emotional reactions in response to paternity fraud underscore the significant emotional impact and distress that can arise in such situations. The study suggests that paternity fraud can have long-lasting effects on men’s willingness to support children, emphasizing the need for further understanding and discussions around this issue.
Family Reunion Comment: This study sheds light on the importance of addressing paternity fraud. By examining participants’ attitudes and reactions towards paternity fraud, the study highlights the emotional impact and potential consequences that can arise from such situations. This research can contribute to raising awareness and initiating conversations about the rights and responsibilities of individuals involved in cases of paternity uncertainty, ultimately fostering a better understanding of the complexities surrounding this issue.
Title: When the Genes Do not Fit: Towards A Legal Framework for Addressing Paternity Fraud
Publication: Queen Mary Law Research Paper No. Forthcoming
Authors: Chinomnso John Okebie
Link: https://dx.doi.org/10.2139/ssrn.3659875
Summary: This study looks at paternity fraud and how the law deals with it. It suggests that it’s important to know the biological father of a child, even in modern times. The study uses different research methods to examine legal cases and opinions on the topic. It explores whether the legal concept of deceit can be used to address paternity fraud and if it causes any issues in divorce cases. The study finds that using the concept of deceit can help make things fairer for everyone involved and doesn’t create problems in divorce situations.
Family Reunion Comment: This study highlights the importance of equity and justice in paternity fraud cases while also considering the potential impact on divorced spouses. The findings provide a basis for further discussions and potential legal considerations in addressing paternity fraud more effectively.
Title: Children’s Rights in the Face of Paternity Fraud: Family Dynamics, Priorities and Sustainable Options
Publication: Queen Mary Law Research Paper No. 356/2021
Authors: https://ssrn.com/abstract=3833679
Summary: This article discusses the changing nature of families and the challenges they face. It specifically looks at paternity fraud and how it affects children. The article emphasizes the importance of prioritizing the child’s well-being and rights in these complex situations. It contributes to the ongoing conversation on paternity fraud and highlights the need to consider the child’s place in the family.
Family Reunion Comment: This article reminds us of the importance of putting children first when discussing paternity fraud. By focusing on the well-being of the child, it brings attention to their needs and rights in these complex situations.
Title: A Qualitative Study on the Effect of Misattributed Parentage Experiences
Publication: Collected Faculty and Staff Scholarship
Authors: Jodi Klugman-Rabb
Link: https://scholar.dominican.edu/all-faculty/354
Summary: This study explores how learning that one’s parentage is different from what they believed impacts their sense of identity. It focuses on adults who experienced misattributed parentage, either through genetic testing or being donor-conceived. The study uses qualitative analysis and identifies two main themes: identity crisis and negative family dynamics. The findings provide insights for mental health professionals working with individuals facing these challenges.
Family Reunion Comment: This study sheds light on the profound impact of discovering misattributed parentage on an individual’s sense of identity. By exploring the themes of identity crisis and negative family dynamics, the research offers valuable insights into the experiences of those affected. The findings contribute to the understanding of how individuals navigate and heal from such challenging situations.
Title: Paternity fraud and compensation for misattributed paternity
Publication: Journal of Medical Ethics
Authors: Heather Draper
Summary: This study discusses the issue of paternity fraud, which occurs when a man is led to believe he is the biological father of a child, but is not. It argues that men who are victims of paternity fraud should be able to seek compensation for emotional harm and financial losses. The study also considers the ethical implications of compensating for misattributed paternity, including potential harm to the child and the difficulty of determining who should be held responsible for the fraud.
Title: Taxation Without Duplication: Misattributed Paternity and the Putative Father’s Claim for Restitution of Child Support.
Publication: Journal of Civil Rights and Social Justice
Authors: Shawn Seliber
Link: https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1236&context=crsj
Summary: This study explores the legal issues surrounding misattributed paternity and the putative father’s claim for restitution of child support payments. It argues that current legal frameworks are inadequate in addressing the harm caused by misattributed paternity, and proposes a new approach that would allow putative fathers to seek restitution for child support payments made under false pretenses. The study suggests that such an approach would be more fair and equitable to all parties involved.
Title: Paternity Fraud and Compensation for misattributed paternity
Publication: J Med Ethics
Authors: Heather Draper
Link: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2598159/pdf/475.pdf
Summary: Claims for reimbursement of child support, the reversal of property settlements, and compensation can arise when misattributed paternity is discovered. In this paper, it is argued that there should not be compensation for infidelity and that reimbursement is appropriate where the claimant has made child support payments but has not taken on the social role of the father. Where the claimant’s behavior suggests a social view of fatherhood, on the other hand, claims for compensation are less coherent. It is concluded that claims for reimbursement and compensation in cases of misattributed paternity produce the same distorted and thin view of what it means to be a father that paternity testing assumes, underscores a trend that is not in the interests of children.
Title: When Daddy Doesn’t Want to Be Daddy Anymore: An Argument Against Paternity Fraud Claims
Publication: Yale Journal of Law and Feminism
Authors: Melanie B. Jacobs
Summary: For wrongly convicted felons, improved DNA testing has increased the means of innocence proven and freedom of conviction. Former Governor Ryan of Illinois made headlines when he commuted the death penalty sentences of 167 inmates because new evidence revealed that many on death row were innocent of the crimes they were convicted of. If a man is not the biological father of a child and was either uncertain or unaware of this biological fact, he may petition to “disestablish” paternity. These disestablishment petitions represent the emergence of a new family law phenomenon – paternity fraud.
Title: “Mama’s Baby, Papa’s Maybe”: Disestablishment of Paternity
Publication: Akron Law Journals
Authors: Vanessa S. Browne Barbour
Link: https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1626&context=akronlawreview
Summary: Families have remained the foundation of society for centuries. Although what constitutes a family has changed over time. Many of these paternity-related rules and procedures rely on presumptions and legal fiction rather than biological facts. Disestablishment legally severs the parent-child relationship based on after-discovered evidence. While increasing, presumed and legally established fathers seek to disestablish paternity by asserting fraud or misinterpretation.