Can You Sue A Woman For Lying About Paternity?

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suing a woman for paternity fraud

Can a Man Sue for Paternity Fraud?

Yes, a man can sue a woman in civil court for paternity fraud if she has lied about him being the biological father of her child.

Paternity fraud occurs when a mother purposefully misleads a man into believing he is the father. For example, some women fraudulently sign the alleged father’s name on legal documents like a child’s birth certificate or an Acknowledgment of Paternity Form.

In many states, if a man is deceived into thinking he is the father, the mother may be found guilty of paternity fraud and face civil penalties. Though jail time is rare in these cases, common legal consequences can include:

– Requiring the woman to repay child support or other costs paid by the duped father
– Charging the woman for legal fees and other expenses related to the pregnancy/birth
– Additional damages for emotional distress.

The most common type of paternity fraud involves getting a non-biological father to unknowingly sign an Acknowledgment of Paternity Form to name him as the legal guardian.

If you suspect you have fallen victim to paternity deception, it is highly recommended to contact a family law attorney. An lawyer can advise you on the laws in your state and build the strongest possible case if choosing to file a civil lawsuit against the mother. Legal action must usually be taken quickly once fraud is uncovered due to strict statute of limitations.

Emotional Impact:

For some men, the emotional impact can manifest in:

  • Loss of trust: Feeling betrayed by someone they loved deeply can make it difficult to trust anyone again.
  • Identity crisis: Questioning your role as a father and the foundation of your family can be deeply unsettling.
  • Guilt and confusion: Feelings of guilt toward the children they cared for, mixed with confusion about their true role in their lives.
  • Anger and resentment: Toward the woman who deceived them and the injustice they experienced.
  • Depression and anxiety: The emotional turmoil can lead to mental health challenges.

It’s important to remember:

  • Everyone experiences emotions differently.
  • The emotional impact of paternity fraud can vary depending on individual circumstances and support systems.
  • Seeking professional help can be crucial in navigating these complex emotions and rebuilding your life.

The information in this post is for informational purposes only. It is recommended that you seek legal counsel with Family Law Attorney in state to inquire about how fraud is interpreted.

Related Questions:

If I sign a birth certificate and find out the child is not mine? What Could Be Done

In most states, if you are a man who wasn’t married to the child’s mother who has signed the Voluntary Acknowledgment of Paternity (VAP) form, you have 60 days from the signing of the VAP to rescind paternity.

For men who find out they are not biologically related to the child after 60 days, the process of removal will vary from state to state. For example, in Oklahoma, after the period to rescind paternity has expired, a man who mistakenly acknowledged paternity can petition to remove his name from the birth certificate within two years.

The only way the legal father can succeed in a fraud case is by providing proof of intentional fraud based on duress or intentional misleading of the man.

Other states may not have a specific time-frame but the burden of proof for the man needs to have convincing evidence. If the real biological father is in the picture, his involvement will go a long way in helping rescind paternity for a non-biological legal father.

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