Paternity Fraud Laws Statistics

paternity fraud statistics us

Paternal fraud, which involves the misidentification of a child’s biological father, has been a topic of concern in various countries. While specific statistics on paternity fraud rates by country are not readily available, research has indicated varying incidence rates around the world.

A 2005 scientific review found a range in incidence, with studies solely looking at couples who obtained paternity testing because paternity was being disputed showing higher levels, with an incidence of 17% to 33% (median of 26.9%). Most at risk were those born to younger parents, unmarried couples, those of lower socio-economic status, or from certain cultural groups.

What is paternity fraud?

Paternity fraud is a term used when a woman falsely chooses a man knowingly and designates him as the biological father of her child. Even though he is not. Normally, when these situations occur it is financially motivated.

How Common is Paternity Fraud? Examining the Evidence

Determining the prevalence of paternity fraud is complex, and unfortunately, there’s no single, definitive answer. Several studies have attempted to estimate rates, but it’s crucial to understand their limitations and avoid drawing false conclusions.

Studies and Estimates:

  • The American Association of Blood Banks (AABB) study, often cited in online discussions, analyzed legal DNA paternity tests and found roughly 30% of men tested were not the biological father. However, important to remember:
  • Other studies:

Key Points:

  • These studies suggest non-zero rates of paternity fraud do exist, but the precise prevalence remains unknown.
  • More research across broader population groups is needed to estimate rates for the general public.
  • The complexities of the issue warrant nuanced understanding and careful interpretation of research.
  • While the claim of “3 out of every 10 men” tested being excluded as fathers might hold true for specific situations like court-ordered tests, it’s misleading to present it as a definitive rate for the general population.
  • Similarly, the statement about 1 in 25 men worldwide raising a non-biological child lacks strong supporting evidence and requires further study.

Is paternity fraud illegal?

Well, fraud is illegal. Unfortunately, when it comes to establishing paternity. Many, if not the majority of men who have proven they were misled and seek retribution have fallen short in court.

The problem for most of these men is finding enough evidence that the mother intentionally misled the alleged father into believing he is the biological father of her child.

Another issue men have is waiting for years to perform a DNA test. It may be in a man’s best interest to perform a paternity test soon after the child is born.

Due to the lack of evidence presented in court by the alleged father. Most of the time, Mothers are seldom prosecuted for their fraudulent behavior. Hence the reason so many men are supporting children that are not biologically related to themselves.

Has anyone won paternity fraud cases?

Yes. There have been men who have won cases in court for paternity fraud. Below are a few references you can review.

Department of Human Resources vs Browning

Langston v Locklear 1999

Batrouny v Batrouny 1991

U.S.A v Christensen

These are few cases that fraud was proven.

Why is paternity fraud not a crime?

There is no specific reason why paternity fraud is not considered a crime even though it has great affects emotionally and mentally on both the child and the man who was deemed the legal father in most instances.

It will probably be several years before paternity fraud to be come a crime. Maybe it will take an unfortunate event in the U.S. for many women and some men to consider changing the laws.

Which country has the highest paternity fraud?

There is no definitive research we are aware of that has determined which country has the highest incident of paternity fraud.

We can only state that in the United States 3 out of every 10 men who perform legal paternity test are found not to be the biological father of a child. A 2016 study our of the U.K. stated that 1 and 50 men worldwide will raise another man’s child and not know it.

If you believe you may be a victim of purposeful misattributed paternity and you are in seek if the truth.

Contact our office at 877-680-5800 to ask questions or to schedule an appointment today.

Can I sue a mother for lying about paternity?

Yes. It is possible you can sue the mother but, you will have to have strong evidence she intentionally deceived you. In the event, you win your court case. Here is an Iowa case that ruled in favor of the alleged father. The Supreme Court stated that the mother committed fraud by misleading the alleged father into believing he was the father of the child. During their court case. The alleged father was fighting for custody and the mother requested genetic testing be performed. Read the full case here.

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