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Paternity discrepancy and the tort of deceit
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Clare Williams and Laurie Kershaw JMW Solicitors
Easy access to DNA testing means that there are few practical barriers to ascertaining a child’s genetic parentage. The incidence of paternity discrepancy – where a man is not biologically related to a child treated as his other than by reason of surrogacy adoption donor insemination or a step-parental relationship – is estimated as somewhere in the region of 1-3%. Combined this means that the discovery of paternity discrepancy has the potential to affect a significant number of families. This can have a profound impact upon the individuals involved and in cases of deceit tortious liability may follow as it has done in a small number of reported cases.
This article examines the application of the tort of deceit in the context of paternity discrepancy. It goes on to consider the interface of the tort and financial remedy following the recent judgment in FRB v DCA [2019] EWHC 2816 (Fam). This case indicates that it will be virtually impossible for a claimant exiting a marriage or civil partnership to recover damages in tort in parallel with ongoing financial...
Read the full article here.
