The children's rights movement calls it "child identity fraud". The father's rights movement calls it "paternity fraud". It's the same thing by a different name. There are 3 victims: the child, the biological father and the male falsely identified by the mother to be the child's father.
The U.N. Convention on the Rights of the Child provides for the right of children to be raised by their biological parents from birth. Articles 7, 8 and 9 of the Convention address the issue of that right.
Human identity is an important part of a person's birthright. Some victims pf paternity fraud search a lifetime for information about their biological parents even in situations where they love their adoptive parents that chose them as their social children.
Women are the gatekeepers of human identity and the only parent which can commit paternity fraud. The Canadian Children's Rights Council gets many emails daily explaining case histories which involve a pregnant women or a new mother that have a great variety of circumstances which make identifying the father difficult.
These cases include women that have had multiple sex partners in or out of a committed lifetime relationship. Research shows that 40% of women and 60% of men in a committed relationship will be unfaithful at some point.
Technology has changed and so must the laws. A child's parents can be identified 12 weeks into a pregnancy by non-invasive means ( a simple blood test by a simple blood sample taken from the pregnant woman's arm) compared with dna ( a simple mouth swab ) from her sex partner(s).
Many provincial/territorial governments have penalties of $100,000 and 6 month in jail for the mother providing false information on the "Statement of Live Birth", the document used to register the baby's birth with the appropriate provincial/territorial Vital Statistics Registry.
The Director of the Ontario Vital Statistics Registry, Judi Hartman, stated to the Canadian Children's Rights Council that less than 100 potential violations of vital statistics cases in total are investigated each year. A portion of these investigations are investigations of paternity fraud. She could not give one example of the prosecution of a woman who committed a paternity fraud violation.
The Director advised us that there are approximately 12,800 births in the province of Ontario each year. Considering a paternity fraud rate of a bare minimum of 10% according The Hospital for Sick Children ( see the Globe and Mail's article Mommy's Little Secret), a Toronto, Ontario world class hospital, there are at least 1,280 new cases of paternity fraud in that province alone each year.
Based on numerous studies elsewhere the figure of 16% of the Canadian population being victims of paternity fraud is more realistic.
We were advised by the Ontario Director of Vital Statistics that police services can and should investigate paternity fraud under the provisions of the Vital Statistics Act. The Toronto Police Services and the Peel Region Police Services, 2 of the largest police services in Canada, have refused to do so.
Mothers must tell the truth
The Australian, 23Mar05
Consider the case of Liam Magill. When his wife Meredith gave birth to two babies, each born with blue eyes and blond hair, Liam assumed they were his. He had no reason to think otherwise. He signed the birth certificates as any new father does. He cared for the children, loved them, cherished them as most fathers do. But Liam's world fell apart when he discovered neither child was his. [full story]
The Government of Australia
Media Release 042/2005
GOVERNMENT ACTS ON CHILD MAINTENANCE RECOVERY IN CASES OF PATERNITY FRAUD
The Government has acted this week to enable people who, through the use of DNA
testing, have found they are not the parent of a child to recover child maintenance
Fraud in Canada is covered by section 380 of the Criminal Code of Canada
Read the interesting Scottish article " Donor names: ill-conceived idea or every child's right? " "Who is my father?" is about to be answered.
One US study found that 12% of fathers not paying child support did so because they claimed they were not the father. See US DHHS Child Support Report - January 1997. The study also found that unemployment and lack of visitation were major reasons for failure to pay child support.
"A fair percentage of us, it turns out, are not genetically related to the men we grew up with as fathers anyway. Some physicians doing tissue typing for organ donations estimate that maybe 20 percent of people are not genetically related to the men who claim fatherhood; others say it is less, perhaps as low as 5 percent."
Barbara Katz Rothman (1989) Recreating Motherhood: Ideology and Technology in a Patriarchal Society, Norton: New York, p.225
"In the courts where paternity cases are heard, only a minority of the accused men deny paternity. This group, therefore, are the only ones who are privileged to request blood tests to sustain their denial. It has been shown that 30 to 40% of these men who deny paternity are falsely accused. In the majority of cases heard in the courts, however, the accused man admits paternity and accepts the burden of support imposed by the court." p.249
"Blood-grouping tests [A-B-O, M-N and Rh-Hr] in 67 cases of uncontested paternity indicate that in 6 cases, or 9%, the men admitting paternity were not the fathers of the children they accepted. Since only 50% of wrongfully accused men can be excluded by present methods of blood testing, it follows that not 6 but actually 12 men in this small series who admitted paternity were probably not the fathers of the children in question." p.250
From: Sussman L N and Schatkin S B (1957) "Blood-grouping Tests in Undisputed Paternity Proceedings", Journal of the American Medical Association, Vol.164(3), May, pp.249-250
3rd worldwide case of ex-husband successfully suing ex-wife for paternity fraud
Husband makes cheating wife pay for time spent raising lover's child
The London Times, London, U.K., from Adam Sage in Paris, May 3, 2005
Legislature of Saskatchewan passes 2 laws violating a child's rights under the Canadian Charter of Rights and Freedoms while disobeying the decision of the Supreme Court of Canada and violating the U.N. Convention on the Rights of the Child
Two new laws were passed in June of 2004 in Saskatchewan in response to the Supreme Court of Canada's decision in Trocuik v. British Columbia (Attorney General).
Saskatchewan is the first province to formulate change to their laws resulting from this Supreme court decision.
Media package available on this issue in pdf format (soon, end of Sept 2004 latest) size
Includes various relevant provincial and federal laws with areas highlighted, Supreme Court of Canada Decision, newspaper articles relating to this issue from around the world, the U.N. Convention on the Rights of the Child, Canadian Charter of Rights and Freedoms, info on relevant government officials ie Ministers, Registrar Generals, Deputy Registrar Generals
Jeanette Papp of the University of California at Los Angeles, feels that 15 per cent is rate of paternity fraud for the Western world, even if there is no hard evidence. "It's hard to do studies on these things for ethical reasons," says Dr. Papp, director of genotyping and sequencing in UCLA's department of human genetics. "I mean, how do you tell people what you're really looking for?"
A British survey conducted between 1988 and 1996 by Robin Baker, a former professor at the University of Manchester, confirmed the 10-per-cent figure. That seems high to skeptics such as Dalhousie University geneticist Paul Neumann, although even he admitted that "my colleague, who's a woman, tells me women have no trouble believing it. . . . It's the men who can't."
Bernard Dickens, a specialist in health law and policy at the University of Toronto, said that in another British example, the non-paternity rate was three times that.
"In the early 1970s, a schoolteacher in southern England assigned a class science project in which his students were to find out the blood types of their parents. The students were then to use this information to deduce their own blood types (because a gene from each parent determines your blood type, in most instances only a certain number of combinations are possible). Instead, 30 per cent of the students discovered their dads were not their biologically fathers. "
South Korean husband successfully sues wife for Paternity Fraud and gets marriage annulled. Wins $42,380 in compensation [full story]
Australian man wins lawsuit against ex-wife for Paternity Fraud [full story]
1 out of every 6 children in Canada is a victim of Child Identity Fraud / Paternity Fraud. That's 5 million Canadian's [full story]
Charter Challenge- Statement of Live Birth (Birth Registration) Info - Dads and Children Win
Supreme Court of Canada Decision- June 6, 2003,
The British Columbia Vital Statistics Act, R.S.B.C. 1996, c. 479, on their own or in their effect, discriminates against biological fathers on the basis of sex, by providing biological mothers with sole discretion to include or exclude information relating to biological fathers when registering the birth of a child, contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms.
Read the whole story, the Supreme Court of Canada decision, newspapers articles and
our comments about how this not only affects fathers but supports children's identity
Doctor at fertility clinic
statement about naturally born children:
About Child Identity Fraud / Paternity Fraud
Child Identity Fraud / Paternity Fraud is the fraud perpetrated when a woman who knows, or who should know, or who has reasonable grounds to know who impregnated her, identifies the wrong man as the biological father of her child.
Child Identity Fraud is the violation of a child's right to know their own identity and the identity of his/her father. The child has a right to have a relationship with his/her biological father. Identity is an important factor to every person.
Includes interview with employees of Hospital for Sick Children in Toronto, Ontario, Canada who admit they deny children's identity information to husbands/male partners of mothers who want to hide the real identity of their child because they had an affair. The U.N. Convention on the Rights of The Child specifically supports a child's human right to have a relationship with both his/her biological parents. In addition, this article is proof that The Hospital for Sick Children ("Sick Kids") supports paternity fraud.
Further "Sick Kids" supports a mother's rights only, which they view, supersedes 3 other people's rights, namely, the rights of the biological father, the rights of the mother's male partner/husband and the child's identity rights.
About The Hospital for Sick Children. Affectionately called "Sick Kids", is one of the largest paediatric academic health science centres in the world, with an international reputation for excellence in health care, research, and teaching.
Duped 'dad' to fight court ruling
The Age, By Peter Gregory, Chief court reporter, April 16, 2005
A Melbourne man who found he was paying maintenance for another man's children is
challenging a court decision that removed a $70,000 damages payout earlier awarded to him.
want to know if they're the biological parent of their child
for Investigation into Why Man Was Ordered to Pay Child Support for A Non-Existent Child
Court rules in favour of dads"
wage battle on 'paternity fraud'
child support at issue
testing upsets parentage laws
the quest for identity
names: ill-conceived idea or every child's right?
Army Paratrooper Faces Paternity Fraud
Consider Laws Against Paternity Fraud
The sperm that got away
Sunday Life Magazine (Australia), By Amy Cooper, 18 August 2002
Fraud Legislation Sweeps the Nation
pushes for DNA use in his paternity suit
Men Have a Choice, Too?
consider rules for reproductive technologies
of the times: Firm offers paternity testing on billboard
wage battle on 'paternity fraud'
may be in our genes. Our Cheating Hearts