Paternity Fraud Lawsuit Against Former Wife In California
In Nagy v. Nagy (1989) 210 Cal. App. 3d 1262 258 Cal. Rptr. 787, a former husband brought an action against his former wife, alleging fraud and other tort causes of action for misrepresenting that the husband was the father of a child born during the marriage, the father in Nagy alleged that he developed " 'a very close and intimate relationship with the child and did and performed all acts that a father would towards a son.' " (Id. at p. 1268.)
The court stated it was unaware of any law that would permit recovery of damages for developing an intimate relationship with a child. (Id. at p. 1269.) " '. . . It does not lie within the power of any judicial system, however, to remedy all human wrongs.
There are many wrongs which in themselves are flagrant. for instance, such wrongs as betrayal, brutal words, and heartless disregard of the feelings of others are beyond any effective legal remedy and any practical administration of law.
To attempt to correct such wrongs or give relief from their effects "may do more social damage than if the law leaves them alone." (Ibid.)
Although the court did not condone the deception, it refused to allow a cause of action for misrepresentation when brought by a nonbiological parent for developing a close relationship with a child. (Id. at pp. 1269-1270.)