bit of help required on birth deception

dobbi

Living with partner & am registered as the father to twins, also have passports for both, using the birth certificates as proof.

Have now discovered that I am not the father of the twins, and that partner knew about this prior to birth.

Besides breaking my heart, has any law been broken by the ex or her lover, who is also involved in the deception. Scotland.

cheers in advance

gatita

Gosh what a terrible shock for you, and incredibly mean and thoughtless of your partner.

Can't help with the legal side of things but someone is bound to reply soon who will have the answer.

Don't allow yourself to become bitter............ you are bound to meet someone eventually that is deserving of you. Good luck

Alikay

If you were fooled that the children were biologically yours, I'm assuming you were sleeping with her around the time of conception as well as the other man. In which case, your partner may not have been certain of their paternity either.

Although it's dishonest to have a) cheated, and b) not told you about it when the babies were born and registered, I can't imagine there's been any crime committed.

supersaver2

I don't really have the answer but surely making a false declaration on a birth certificate which is surely a legal document is fraud? If not its a despicable thing to do.

I hope somebody can give you a definite answer.

peachyprice

dobbi wrote: »

Besides breaking my heart, has any law been broken by the ex or her lover, who is also involved in the deception. Scotland.

cheers in advance

If it was deliberate it would appear so, yes.

It is an offence to give false information when registering a birth. However, the Registrar General would not necessarily take action against someone who made a genuine mistake when registering a birth. For the address of the Registrar General, see under heading Further information.

http://www.adviceguide.org.uk/scotland/relationships_s/relationships_birth_certificates_and_changing_your_name_s/birth_certificates_scotland.htm#further_infomation

ineed

You have my sympathies, this was a very cruel thing to have done to you. You might find this link helpful, http://www.paternityfraud.org. Although this should be noted in particular,

Though paternity fraud is a civil offense in the UK, nobody has ever been prosecuted for the crime. However, there have been numerous occasions where a man was legally required to pay support for a child that a DNA test has proven isn’t his. This has opened the door to many ethical debates regarding paternity fraud, and what is best for the child involved. For example, a mother might commit paternity fraud because she believes she is protecting her family. For instance, she may have had an affair outside of her marriage and became pregnant, but she does not want to leave her husband. She believes that not admitting to her infidelity would be best for the child, because he or she would grow up in a loving home with a present father. If the woman’s husband finds out years later that he is not the biological father, he would still be considered the child’s legal father in the UK. This means that even though the woman committed paternity fraud, the man might still be financially responsible for the child.

More results can be found via Google if you're interested.

onlyroz

Regarding the birth certificate I don't think it's a legal requirement to put the biological father on there. E.g. if a sperm donor is used then it is perfectly fine to put the husband of the mother on the birth certificate even if he isn't the biological father.

sassyblue

onlyroz wrote: »

Regarding the birth certificate I don't think it's a legal requirement to put the biological father on there. E.g. if a sperm donor is used then it is perfectly fine to put the husband of the mother on the birth certificate even if he isn't the biological father.

It is illegal to knowingly put the non bio father on the birth certificate (a legal document) so the mother committed fraud, whether she would get charged for it is another matter.

DigForVictory

Find a family lawyer & make an appointment.
Document all you can bear to, tonight. (Save it in several locations.)
Find & hold the passports - in a heavy envelope in a letterbox, if you think anything daft might happen this weekend.
Go on a bender with mates who'll see you sleep safe tonight.
Remember that right now, to the twins, you are still Dad. Be worthy of them. They didn't choose their suddenly shockingly unorthodox parentage.

tinkerbell28

People are presuming they're married. In which case they can put the husband on the certificate legally and in cases brought to court, the husband has still been seen as the Dad and the child a product of the marriage.

Legally they can do that, so that's why there won't be any prosecutions as it is two laws that clash with each other.

If he's just her "partner" then it's different, the child wasn't born in marriage so the the legalities are different. The children wouldn't be "children of the marriage" which is where the anomaly comes in where men are still responsible, even if the kids aren't theirs. This won't apply if they aren't married.

If the op is just a "partner", then he could go ahead, sue her in a civil court and win for damages. He can also go to court and get an order, for his PR to be revoked.

If op isn't married, he needs legal advise ASAP.

j.e.j.

Alikay wrote: »

If you were fooled that the children were biologically yours, I'm assuming you were sleeping with her around the time of conception as well as the other man. In which case, your partner may not have been certain of their paternity either.

Although it's dishonest to have a) cheated, and b) not told you about it when the babies were born and registered, I can't imagine there's been any crime committed.

She's lied on the birth certificate. I don't know, but I would imagine that's akin to, say, lying on the electoral register.

I'm sure this isn't the first time this has ever happened (nor will it be the last..) but OP needs to take legal advice and decide whether he still wants to be a parent to the other man's twins.