Potentials and Effectiveness of the Tort of Deceit in Addressing Paternity Fraud Issues

Abstract

Men are becoming increasingly concerned about misattributed paternity. The increasing use of genetic technologies in clinical research increases the potential for misattributed paternity to be identified. This review seeks to answer the question of whether the Tort of Deceit is effective in addressing issues of paternity fraud. The article assesses how the tort of deceit concepts and principles can be used to resolve misrepresentation cases of paternity fraud and to inform the effectiveness of the tort of deceit in resolving such matters. The article concludes that the tort of deceit can be used to claim settlement as it provided a form of legal solution for the damages suffered as a consequence of paternity fraud. Some of the elements of the tort of deceit include false representation, fact, Knowing or reckless as to whether the statement is false, whether there was reliance upon the representation and existence of damage suffered by the plaintiff. The association between material obligation and the burdens generated by parenthood implies that it is ethically acceptable for a man to establish that he is the legal and biological father of a child before accepting this financial liability. Therefore, the tort of deceit concepts can be used to resolve cases of paternity misrepresentation.

Keywords: Paternity Fraud, Tort of deceit, Legal procedure, Misrepresentation, Families, Technology, DNA

JEL Classification: K13, K36