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

13 Pages Posted: 27 Apr 2021 Last revised: 14 May 2021

See all articles by Chinomnso John Okebie

Chinomnso John Okebie

Queen Mary University of London - School of Law

Elina Konstantinidou

Faculty of Law and Business, Anglia Ruskin University

Date Written: April 27, 2021

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

Suggested Citation

Okebie, Chinomnso and Konstantinidou, Elina, Potentials and Effectiveness of the Tort of Deceit in Addressing Paternity Fraud Issues (April 27, 2021). Queen Mary Law Research Paper No. 358/2021, Available at SSRN: https://ssrn.com/abstract=3834920

Chinomnso Okebie (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69 Lincoln's Inn Fields,
London, London WC2A 3JB
United Kingdom

Elina Konstantinidou

Faculty of Law and Business, Anglia Ruskin University ( email )

East Road
Cambridge CB1 1PT
United Kingdom

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