The Tort of Deceit & Paternity Fraud: P v B (Paternity Damages for Deceit) [2001] Revisited

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

Paternity fraud happens when women make representations to their male partner that he is the biological father of their child knowing that this may not be true because they have undisclosed sexual relationships with other men. Where the man acts on this information and the paternity of the child is subsequently discovered through DNA testing. With the shift from the parental rights regime to the parental responsibility system in most common law jurisdictions, more men are obliged by law to pay for the upkeep of their "child" or “children”. This legal conception of fatherhood has led to an increasing number of voices demanding that a legal remedy be sought for men victimized by paternity fraud. While there are several cases at the heart of paternity fraud, the case of PvB (Paternity Damages for Deceit)[2001] is a very interesting one. This article revisits this case making some very compelling discussions and analysis. It also reviews some of the flaws of the reproductive rights argument. It is of the position that the reproductive rights argument may be flawed since reproductive health rights have not been normatively expressed in any multilateral treaty (or in customary international law for that matter). It highlights the implications of the tort of deceit in paternity fraud cases for both married and divorced spouses. It also highlights how tort of deceit can be applied to fairly represent the interest of fathers and their needed relationship with their biological child.

Keywords: Paternity Fraud, Tort of Deceit, Children Welfare and Rights, Family Law, Res Judicata

JEL Classification: K13

Suggested Citation

Okebie, Chinomnso and Konstantinidou, Elina, The Tort of Deceit & Paternity Fraud: P v B (Paternity Damages for Deceit) [2001] Revisited (April 27, 2021). Queen Mary Law Research Paper No. 359/2021, Available at SSRN: https://ssrn.com/abstract=3834922

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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