dissenting.
I must respectfully dissent. It has long been the law that the failure to appeal a support order conclusively establishes paternity under the doctrine of res judicata. Everett v. Anglemeyer, 425 Pa.Super. 587, 625 A.2d 1252 (1993); Sanders v. Sanders, 384 Pa.Super. 311, 558 A.2d 556 (1989), allowance of appeal denied 525 Pa. 635, 578 A.2d 930 (1990); Manze v. Manze, 362 Pa.Super. 153, 523 A.2d 821 (1987); Commonwealth ex rel. Palchinski v. Palchinski, 253 Pa.Super. 171, 384 A.2d 1285 (1978); Commonwealth v. Nedzwecky, 203 Pa.Super. 179, 199 A.2d 490 (1964). Appellant never filed an appeal from the original support order which was entered on December 19, 1991, so the doctrine of res judicata precludes him from attempting, at this late date, to challenge paternity. Furthermore, an acknowledgement of paternity estops any subsequent attempt to deny paternity. Manze v. Manze, supra. Appellant signed an acknowledgement which specifically advised appellant that he was waiving his right to a trial on the issue of paternity and his right to representation by counsel. In addition, in the instant case, appellant had his name added to Christopher’s birth certificate by swearing under oath that he was Christopher’s biological father. I recognize the legal principle that where the failure to challenge paternity was precipitated by fraud, a putative father may be permitted to challenge paternity at a later date. B.O. v. C.O., 404 Pa.Super. 127, 590 A.2d 313 (1991). I cannot find, on this record, however that appellant’s failure to challenge paternity after the entry of the first support order, his acknowledgement of paternity, or his sworn statement of paternity in order to add his name to Christopher’s birth certificate were precipitated by fraud.
The elements of fraud are a misrepresentation, a fraudulent utterance thereof, an intention that appellant would thereby be induced to act, justifiable reliance by appellant on the misrepresentation, and damage to appellant as a result. Id. *597There was no misrepresentation that appellant was the biological father of Christopher, nor was there any other fraudulent utterance which was made to induce appellant to act or rely thereon. Id. Rather, appellant freely admits that he took the actions he did in order to keep peace in the family.
Although I agree fully with the majority that this court should encourage rather than punish step-parents when they take an active role, either emotionally or financially, in a stepchild’s life, I believe that appellant has gone far beyond this stage by twice acknowledging that he is Christopher’s biological father. Moreover, although I sympathize with appellant’s argument that he should not be required to support a child who is clearly not his biological child, I cannot help but point out that appellant, by his own actions, has brought about this result. Appellant cannot expect this, or any other court, to relieve him from taking responsibility for his own acts.
I would therefore affirm the trial court’s order.