uniccco said:
can someone be prosecuted for paternity fraud
My response:
Sure, as long as you can prove the elements of fraud. The traditional elements of actual fraud are (1) false representation or concealment, (2) knowingly accomplished, (3) with intent to induce action, causing (4) reliance, and (5) damage. These are extremely difficult to prove.
But, in the case of paternity, there are mechanisms that can be used to determine the truth or falsity of parentage from the beginning; e.g., blood tests, DNA tests, and other methods.
So, in order to prove fraud, you must also show why there was a failure to take steps to prove or disprove paternity; i.e., why was the person "induced" to agree to paternity without taking a paternity test ? Without a good reason therefor, there may be mitigations against damages.
IAAL
