Paternity Fraud and the Tort of Deceit – A Legal Route for the Wronged Father

By Michael Thompson, Founder of Paternity Fraud UK

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You must seek advice from a qualified solicitor before considering or commencing any legal action.

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Paternity fraud is one of the last taboos in British society. It involves a woman falsely claiming that a man is the biological father of her child, whether by omission, implication, or outright statement. The consequences can be devastating — emotionally, psychologically, and sometimes financially.

In 2020, I discovered I wasn’t the biological father of a child I had believed was mine. It shattered me. Like many others, I was left asking: How can this be allowed? Is there any legal remedy?

The answer, in some cases, may lie in a rarely used but powerful legal tool: the tort of deceit.

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What Is the Tort of Deceit?

In English law, the tort of deceit allows someone to sue another person for damages if they were intentionally misled and suffered loss as a result.

To bring a successful claim, the claimant must prove four things:

1. A false representation was made.

2. The person making it knew it was false, or was reckless as to whether it was true or not.

3. The false statement was intended to be relied upon.

4. The claimant relied on it and suffered loss as a result.

This isn’t about mistakes or misunderstandings. It’s about dishonesty. And it’s not enough that the mother was wrong — you must prove that she knew or didn’t care whether you were the father, and told you that you were anyway.

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Is Paternity Fraud a Valid Deceit Claim?

Yes, in theory. If a woman knowingly or recklessly misrepresents paternity and a man suffers loss as a result, the elements of deceit are present.

In practice, however, it’s a difficult claim to bring. The courts have not yet developed clear case law on paternity fraud through the lens of the tort of deceit. That doesn’t mean it’s not possible — but it does mean the burden of proof is high, and the law is still evolving in this area.

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Challenges in Bringing a Paternity Fraud Claim

As someone who supports men going through this nightmare, I’ve seen the obstacles firsthand. Here are some of the main challenges:

Proving the mother’s dishonesty: You need solid evidence that she knew you weren’t the father, or didn’t care whether you were or not.

Reliance: You must show that you believed her and acted on that belief — for example, forming a bond with the child, suffering emotional trauma, or even financial cost.

Actual loss: Emotional distress, while very real, is not always enough. Financial losses, reputational damage, or psychiatric injury backed by medical evidence can strengthen a claim.

Limitation period: You typically have six years from discovering the fraud to issue a claim — but the earlier, the better.

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What Evidence Helps?

If you’re considering taking legal action, evidence is key. This might include:

Text messages or emails where she explicitly tells you that you’re the father.

Registration on the birth certificate (particularly if done while knowing there was doubt).

DNA results showing you are not the biological father.

Proof of her knowledge that someone else may have been the father — e.g. overlapping sexual partners, conflicting dates, or confessions to third parties.

Evidence of your reliance — such as emotional attachment, counselling records, financial support, or impact on your relationships and wellbeing.

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Why It Matters

Some say “just move on” or “you loved the child anyway.” But this isn’t about blame — it’s about truth and consent. You can’t truly consent to parenthood if you’re being lied to about the most fundamental fact of all: that the child is yours.

Paternity fraud is not just a private betrayal — it’s a public wrong. And until the courts properly recognise that, men like me will keep standing up and speaking out.

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Final Thoughts

This area of law is still developing. If you’ve been a victim of paternity fraud, you may have a civil claim — but it’s vital to get legal advice first. Not every case will meet the legal test for deceit, but some will. And if yours does, you deserve justice.

If you need support or guidance, we’re here. At Paternity Fraud UK, we’ve helped hundreds of men get clarity, closure, and their voice back.

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Michael Thompson

Founder, Paternity Fraud UK

www.paternityfrauduk.org