"the test excluded Mohammed Ryaz Khan from being the girl's father."
Mohammed Ryaz Khan, aged 34, of Handsworth, Birmingham, was jailed for six months for fraud after he avoided paying child support by getting his brother to pose as him for a DNA sample.
Birmingham Crown Court heard the “spiteful” father avoided paying child support for his daughter.
The ploy was initially successful because the brothers resembled each other. However, it was uncovered following a search on a database.
Mohammed Ryaz had been in a relationship with a woman and they had a daughter in 2010.
But the relationship dissolved in 2016 and he began to pay £12.96 a week in child maintenance.
In 2018, he began to dispute he was the father of the child and a DNA test was arranged at a medical centre in Handsworth Wood on January 20.
But instead of him going, Mohammed Ryaz sent his brother Mohammed Ayaz Khan who gave staff a photo of his brother.
He gave a mouth swab and signed documentation confirming the sample was true.
Jamie Scott, prosecuting, said: “Unsurprisingly the outcome of the test excluded Mohammed Ryaz Khan from being the girl’s father.”
This resulted in Mohammed Ryaz not having to pay child support.
His ex-partner disputed the results and in November 2018, a speculative test on the national DNA database confirmed that the sample belonged to Mohammed Ayaz.
Mr Scott said:
“This exposed the fraud and that Mohammed Ryaz Khan was indeed the father.”
Mr Scott revealed that Mohammed Ryaz had avoided paying around £1,300 and that the potential loss could have been a lot more.
He said: “It was well thought out and quite brazen.”
Mohammed Ryaz admitted conspiracy to defraud. Mohammed Ayaz, aged 39, of Perry Barr, pleaded guilty to the same charge.
Justin Jarmola, for Mohammed Ryaz, said he recognised what he had done was “awful” and he had gone back to paying child maintenance.
He said that he had a wife and a son and was the sole earner for them.
William Douglas-Jones, for Mohammed Ayaz, said he knew that his actions had been “utterly foolish” and that he understood how important that money would have been.
Judge Heidi Kubic QC said that the brothers had continued to deny the charge even after the DNA results were revealed.
She said: “It was a mean spirited and spiteful offence which was calculated to cause upset and distress to your ex-partner and involved the rejection of your own daughter who had lived and trusted and relied on you for six years when you lived with her mother after her birth.
“Your actions in rejecting your own child are inexcusable.”
Mohammed Ryaz was jailed for six months. His brother received a 12-month community order.