Illinois Cause of Action for Paternity Fraud Explained

Article written by Illinois Attorney Kevin O’Flaherty

In this article we explain the cause of action for paternity fraud in Illinois.

A reader asked the following question on the topic:

Question: Let’s say we have a voice memo/recording of the of the mother and her friends saying that the father that signed the birth certificate is really not the father and that her current boyfriend is the father. If we get a paternity test and it turns out that the father that’s on the birth certificate is really not the father and he wants nothing to do with the child after finding that out. Are there any legal charges that we can file against the mother for her knowing that he really wasn’t the father?

Your remedy in this situation would be to file suit for paternity fraud.

What is Paternity Fraud?

Paternity fraud occurs when a mother leads a man to believe that he is the biological father of her child when she knows either that he is not the biological father or that he may not be the biological father. Illinois is one of a handful of states that recognize paternity fraud as a civil cause of action.

What are the Elements of a Cause of Action for Paternity Fraud in Illinois?

Illinois courts recognize causes of action for paternity fraud on the same basis of any other type of common law…