Barbados Law Supports Women Who Commit Paternity Fraud

How many times have you heard, “That little chile doesn’t look like [ insert man’s name here ]”?

Women have been playing the same tricks since this world was born. Men have their tricks too, but only the women have the ability to pull the cruel trick of deceiving the world about who fathered a child. It is also true sometimes the women don’t know who the real father is.

Are You My Daddy? Maybe Not!

Are You My Daddy? Maybe Not!

Enter DNA. Every few months in the world press you see a story of some poor sucker who has been paying child support for a dozen years and has just discovered that the child is not his. Story usually goes on with some court ordering him to continue to pay child support. Around the world the system is incredibly weighted again men and it is no different in Barbados.

The Men’s Educational Support Association is calling for a change in Barbados maintenance act and paternity rules. Our friends at Bajan Dream Diary have posted an excellent article by Kathy LaHay. A must read for any man who has ever looked at “his” child and wondered.

Bajan Dream Diary: Are Barbados’ child support and paternity laws skewed against men?

8 Comments

Filed under Barbados, Crime & Law, Culture & Race Issues, Ethics

8 responses to “Barbados Law Supports Women Who Commit Paternity Fraud

  1. lawyergirl

    Refund needed for ‘jacket’ expenses

    Margarette Macaulay

    Monday, April 13, 2009

    Dear Mrs Macaulay, Is there any provision in Jamaican law for a man to get redress or compensation from a woman who has given him a child/ren who is not his, even registering him/her/them in his name? In some cases the man has been spending and maintaining for years and in one case that I know of, the woman took the man to court. I am very curious.
    – Curious

    Dear Curious,
    Thank you for your letter and interesting enquiry.
    There is no specific provision that I know of in Jamaican law for a man to get redress from or be refunded by a woman who claimed a child to be his and even registered the child in his name when this was not the case. There is in the Registration of (Births and Deaths) Act provision for a person named as the father of a child in the registration of birth form and counterfoil, by a counter notice to the registrar of births on the required form to deny paternity of the child. This must be done by the father within three months of his receipt of the registrar’s notice to him, that he had been named as the father of the child. If the father does this the registrar cannot register his name or his particulars as the father of that child.

    If his name is already on the register as the father of a child who is definitely not his, he may apply to the Supreme Court or a Family Court or a Resident Magistrate’s court in a parish which does not have a family court, for an order for the removal of his name from such an entry in the register. The court in making the order must consider whether the entry was made pursuant to false information given by the mother or any other person about the paternity of the child; or that the notice (mentioned in the above paragraph, did not in fact come to the “alleged” father’s attention; or that in the particular circumstances of such a person, the time prescribed for denial of paternity was inadequate. An example of particular circumstances could be that such a man was away at sea or studying abroad or working abroad for a period much longer than the three months prescribed. Once the court is satisfied about these and that it is reasonable for it to make the order it will direct the registrar general to cause the name or particulars relating to that person to be removed from the register and to have the mother of the child or some other person deliver the certificate of registration which was issued in respect of that child so that it can be cancelled. It will also direct that a new certificate of registration be issued omitting any reference to the applicant as being the father of the child.

    A sub-section of the relevant section in the Act – Section 19B – provides that a person who wilfully gives any information which that person knows to be false, or which that person does not reasonably believe to be true to the registrar for the purposes of registering a birth, shall be guilty of an offence and on summary conviction before a resident magistrate, be liable to pay a fine or serve a term of imprisonment.

    This is the only provision I know which refers to a fine, which in 1980 and onwards was only $100 maximum, but which I hope has been increased to a more realistic sum.

    Finally, there is – to my mind -nothing preventing a person in common law from suing such a mother if it is proved that she did wilfully and knowingly falsely register that person as the father of her child and thereby received monies from him for that child. This would be that she fraudulently received such funds from such a person. I don’t know personally, but there might have been such claim made in the courts of Jamaica. If there has been none, then anyone that files such a claim would in effect be filing a test case and it would be interesting to see how the court deals with it. I do know that no one is supposed to benefit from their illegal and wrongful act and such a mother would have benefited from her false statement to the registrar general about the paternity of the child.

    Margarette May Macaulay is an attorney-at-law and a Women’s and Children’s Rights Advocate. Send questions and comments via email to allwoman@jamaicaobserver.com or macaulaymargarette@yahoo.com.

  2. bad boy jim

    De survey say 60%,thats an indctement.Jacket jacket,ready made jacket.Men having it hard,men having rough.men having tough.Men going to jail,to pay them fail,them geting no bail,Why,Jacket jacket,ready made jacket.I see big men cry,tears from them eyes,i gine tell ya why,Jacket jacket,empty their pockets.Ready made jacket. Tell me i lie. 60% of the children in Barbados are calling the wrong man daddy and the courts in barbados is one of the reasons.

  3. bad boy jim

    The solution.Bring in Maury,bring in maury,he will tell ya who the father is and who the father int.

  4. A-Fish

    @lawyergirl:
    This is a very interesting article you’ve brought up…

    Now there is a law that has a loophole.

  5. A-Fish

    If there is such one in Barbados.

  6. J

    I hope that before the men start asking for refunds that they will get their buddies who owe child money to pay up first.

  7. Greg

    Go buy a book called “Sperm Wars”, or Google it; you might even find a summary. It’s the most amazing (and scary) book I’ve ever read. Something like 25% of men worldwide are raising kids that aren’t their own. And only about 2% of a man’s sperm are fertile; the rest are killers (of other men’s sperm) or blockers. Amazing book!

  8. Knight of the Long Knives

    In Barbados as a man with a child you have no rights. Believe me I spent thousands of dollars to get visitation with a child I raised on my own for years after I broke up with the mother.