Father by fraud

[FRAUDVICTIM]

I would like to contest a birth certificate I was deceived into signing over eighteen years ago after being told I was the parent of a child with a promiscuous woman, who later revealed that the real father was likely to be someone else. While the mother and her partner did not expect any child allowance payments from me or my involvement with the upbringing of the child, over the years there have been discussions between all involved about when a good time would be to resolve the matter of whether or not I am the biological father. It was then agreed that once the child reached the age of eighteen, that would be the correct time for a DNA test to take place to prove whether or not I am the biological father with or without any claims for me to pay backdated child allowance or for there to be expected inheritance of my estate. Due to the Coronavirus pandemic there has been a delay to the DNA test and potential change to the birth certificate, but now that lockdown restrictions have been lifted I am considering my legal position. I have been informed by a solicitor that I only need the co-operation of the named child on the birth certificate to conduct a DNA test now that he is a grown adult, but if there is resistance to this from him due to the pressure of his mother, what legal steps should I take to resolve the case?

[Celestine]

I'm somewhat struggling to understand 'legally' what you are trying to resolve.

This is not a financial or emotional issue, your post suggests you don't have a relationship with the child, but he has been raised by her and her partner and told you were his absent biological father...or not?

The mother may have tricked you into signing the birth certificate, but what has this 'cost' you? Angry, quite rightly so, but at least she has not tricked you into paying to raise the child; which is the most common accusation in such situations.

So really what we're trying to get to here, is the truth. Of course it would be healthy and positive to finally know whether biologically this child is yours, but given the history, what will happen then? What would you even want to happen then?

Most curious teenagers would want to know their biological lineage, not least for a variety of health reasons so it would be surprising if he did not want to know, but equally finding out he IS biologically yours may be the most difficult outcome for you?

Let us know how you get on.

[FRAUDVICTIM]

I'm somewhat struggling to understand 'legally' what you are trying to resolve.

This is not a financial or emotional issue, your post suggests you don't have a relationship with the child, but he has been raised by her and her partner and told you were his absent biological father...or not?

The mother may have tricked you into signing the birth certificate, but what has this 'cost' you? Angry, quite rightly so, but at least she has not tricked you into paying to raise the child; which is the most common accusation in such situations.

So really what we're trying to get to here, is the truth. Of course it would be healthy and positive to finally know whether biologically this child is yours, but given the history, what will happen then? What would you even want to happen then?

Most curious teenagers would want to know their biological lineage, not least for a variety of health reasons so it would be surprising if he did not want to know, but equally finding out he IS biologically yours may be the most difficult outcome for you?

Let us know how you get on.

Thank you for your comment.
I will admit my post might not have been written as well as it needs to be, but your reply may give me the chance to modify it correctly.
The truth is the child is not biologically mine, but my name is on the birth certificate because the promiscuous woman did not want her partner or other people to know who the real father of her son actually is because one of the men who it could be is someone with a negative reputation locally. The child has also been made aware of this.
While I have not contributed to the child's upbringing, there has been the negative affect on my own reputation and cause of psychological issues which has affected my ability to develop relationships mainly because of the false accusations from this woman.
Honestly, I do have the medical condition of Multiple Sclerosis and the child, if in the very unlikely event of him being biologically mine, would then need to understand the potential of him or his offspring also developing this.
I am not yet the father of any children and am undecided on whether or not I actually will be in the future, but with the health condition I have it is unlikely that I will or live in good health to a later age. So if I am to pass away without contesting the birth certificate, what could then stop someone who isn't actually my offspring claiming entitlement to my estate?
The fact is I do want a DNA test conducted to start the process of correcting the birth certificate, but if the now grown man refuses to go along with this how can I get him to do so? Is there a legal court order which could be used to make it happen?
I would be grateful for any advice.

[paulajayne]

MS is not generally considered heredity.

[FRAUDVICTIM]

MS is not generally considered heredity.

MS in family members (mstrust.org.uk)

[islandgirl]

I have to say in the OPs position I would want to know.

[Celestine]

Thank you for clarifying some points, very helpful.

I can understand why this issue has caused you distress over the years. It would also seem that co-operation levels are not good with the mother. Do you have a line of communication with the boy?

As you probably know there is a 'standard' form for removing a father from a birth certificate (obviously not that rare an event) but the filling of that form requires proof and statements from all parties involved....which may prove challenging. I take it from your comments that you are 100% certain the child is not biologically yours?

If all else fails, I believe you could apply to the family court for an Specific Issue/Prohibitive Steps Order (Form C100)(£215) - asking that the true paternity of the child be revealed/DNA tests undertaken, statements made etc.

You could theoretically do this without a solicitor. It can even be done online:Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing - GOV.UK (www.gov.uk)

[FRAUDVICTIM]

Thank you for clarifying some points, very helpful.

I can understand why this issue has caused you distress over the years. It would also seem that co-operation levels are not good with the mother. Do you have a line of communication with the boy?

As you probably know there is a 'standard' form for removing a father from a birth certificate (obviously not that rare an event) but the filling of that form requires proof and statements from all parties involved....which may prove challenging. I take it from your comments that you are 100% certain the child is not biologically yours?

If all else fails, I believe you could apply to the family court for an Specific Issue/Prohibitive Steps Order (Form C100)(£215) - asking that the true paternity of the child be revealed/DNA tests undertaken, statements made etc.

You could theoretically do this without a solicitor. It can even be done online:Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing - GOV.UK (www.gov.uk)

Thank you for the reply.

It is indeed the mother, the very person responsible for the unnecessary situation which has caused grief in several people's lives, who has previously turned to negative behaviour as a way to block any attempts to correct the birth registration. But with the documents you have provided, I am now confident that I have the correct legal way of doing so.

I have conversed with the now adult male at various points during his upbringing and always found him to be a respectful and genuinely good person who, even though he was aware of the confusion about his paternity, has made positive progress in his life.
I am 100% certain that he is not my biological child, but I say that with no disdain and hold no animosity towards him or the man who has raised him as his son.

I would just like my name cleared and to be able to move on with my life.

[Celestine]

You have every right to be allowed to move on. The mother should have known that resolving this while the child was very young would have resulted in less emotional impact for all involved. You have clearly behaved with dignity and it is commendable that you have been able to engage with the boy in a neutral but balanced manner. Good luck with the application and let us know how you get on with the process.