By Laurie A. Couture
Paternity fraud harms children, biological fathers, and unmarried men who are deceptively extorted for money to pay child support for children who they did not sire. This fraud occurs when the mother of a child puts the name of a man on the birth certificate that she knows is not, or probably not, the father in order to get paid child support. She might also engage in fraud by convincing a man that he is the biological father, knowing he is not, leading him to sign an Agreement of Paternity. Paternity fraud harms lives and may be a red flag for a psychological or personality disorder, but until 2023, it hadn’t been a crime to commit it. However, when Tennessee HB 253/SB 331 was passed and signed into law in April 2023, “Parentage” fraud—deliberately misrepresenting the biological parent of a child with the intent to deprive the actual biological parent of their rights and responsibilities—became a Class B misdemeanor.
Stories abound of men forced to pay child support even when DNA testing results proved that they were not the biological fathers of their children—this occurs even when a man has limited or no contact with the child or has financial struggles. For example, an unmarried Florida man, Joseph Sinawa found out the shocking news that he wasn’t his child’s biological father when he went to court for visitation rights. Although DNA testing proved that he was not the biological father, the state of Florida continues to withdraw 1/3 of his pay from his paycheck, in spite of his financial difficulties. An Oklahoma divorced young father, Thomas found himself in a tough situation after two paternity tests showed 100% that he was not his toddler son’s biological father, yet a judge continued to order Thomas to pay child support—including back payments and interest.
Paternity fraud cases reach a heartbreaking and devastating threshold when fathers learn they are not their children’s biological fathers after attachment and bonding have occurred. Children are deeply harmed and devastated when the men they call “Daddy” suddenly choose to leave their lives based upon the DNA testing results. Such as was the case of Mark Hudson, a Pennsylvania doctor who disengaged from the boy who called him “Dad” in order to show the court he was not parenting, and therefore should not have to pay child support. While he hoped he would still be allowed visitation with the boy, the two have sadly became estranged from one another likely due to the boy’s pain and confusion.
However, other dads decide to continue to be “Daddy” to these children who are fully theirs in their hearts but not DNA, even if it means they have to continue to make child support payments they shouldn’t legally be responsible for making. This was the case for Mike of Pennsylvania who continued to enjoy weekend visitation with the daughter of his heart and pay child support for years after learning that they share no biology. He remains committed to be the dad of the child even after he eventually won the legal right to stop paying child support when the girl’s mother married the girl’s biological father. This outcome, when child and non-biological dad love one another, is likely the best for children attached to their “heart” dads. Forty-five-year-old Amy learned late in life that her dad was not her DNA father. Although it seems that he was aware of the situation, he raised her with love as his own and even helped her recently locate her biological father. This moved Amy to say, “Without my biological father, my dad wouldn’t have had the opportunity to be my dad—and I’m eternally grateful to them both. I’m only who I am today because one man “made me” and another helped make me “me”.
References:
Tennessee Parentage Fraud Law: https://casetext.com/statute/tennessee-code/title-39-criminal-offenses/chapter-14-offenses-against-property/part-1-theft/section-39-14-111-parentage-fraud
Florida DNA Case: https://www.firstcoastnews.com/article/news/man-forced-to-pay-child-support-despite-dna-test-proving-he-is-not-the-father/77-f0f77af5-409c-40e4-8c6e-3336123e1f85
Oklahoma DNA Case: https://www.newson6.com/story/5e35ffce2f69d76f6203020b/ok-man-ordered-to-pay-child-support-despite-not-being-father
New York Times Magazine Cases: https://www.nytimes.com/2009/11/22/magazine/22Paternity-t.html
DNA Diagnostics Center Cases: https://dnatesting.com/paternity-fraud-the-tough-realities-men-must-face/
NY Post – Dad Will Continue to Parent Son: https://nypost.com/2023/10/12/dna-test-shows-hes-not-the-father-man-plans-to-parent-anyway/
Elephant Journal Case: https://www.elephantjournal.com/2023/06/to-the-men-who-choose-to-be-dads-the-children-of-fathers-who-chose-not-to-be-amy-vanheste/
