Lies, deception and paternity fraud

These questions about family relationships are most often inquiries into the biological connections between generations. These parent-child ties are among our most valued intimate relationships and the source of great love, pride, joy and mutual expectations.

How many parents would accept with equanimity the revelation: “This is not your child”? If a newborn child is given to the wrong parents or mother after delivery we are shocked and anticipate significant distress among all the incorrectly identified parents.

Our moral outrage should be no less where children are deliberately misled about the identity of their father. Discovering that you are not the parent of one of “your” children would be a terribly shocking and identity-altering revelation for most people.

There is widespread support from political liberals, equal parenting and fatherhood advocates, and equality feminists, for women and men to have legal equality and enjoy equal social opportunities. However, some people oppose equality for the sexes and “gender feminists” advocate preferential treatment for women in areas including child custody and reproductive rights.

In the wake of the Magill decision, legislative changes should be considered to protect both women’s rights and men’s rights to make their own, individual reproductive choices. In an open society our laws should be a reflection of our shared moral values so legal reform is required to address social concerns about the myriad problems resulting from paternity fraud.

It is in children’s best interests to have both parents share the responsibilities and care for their children. The importance for children of strong relationships with their mothers and fathers is borne out by modern developmental theory and empirical research. Roles for both parents are supported after marital separation by the latest family law amendments.

Children have rights to know and be cared for by both parents. These moral and legal rights are enshrined in the United Nations Convention on the Rights of the Child, which has been ratified by over 190 countries including Australia. As a UNCRC signatory we must ensure that children are able to maintain personal relations with both their parents.

Both women and men have rights to make reproductive choices about having children, as parenting is a partnership chosen by two people to protect the interests of their children. These moral concerns form the heart of the unique social value parent-child relationships have in our society and the law must protect these vital principles.