Paternity deception, or the falsification of a child’s biological father, poses grave legal, financial, and emotional consequences. While global statistics vary, the problem is disproportionately prevalent in Nigeria, where reports suggest that over 27% of men who undergo DNA testing discover they are not the children’s biological fathers whom they had assumed were theirs. This figure is alarmingly high compared to reduced figures in the UK (2–5%) and the US (4–10%).
In the majority of Western countries, the law provides for certain remedies against paternity fraud victims, from disputing child support orders to seeking damages. Nigeria lacks any legislation making paternity fraud criminal and affected parties thus must resort to general criminal law, family law and clauses on child custody. Social norms inhibiting DNA testing render it harder to resolve disputes over biological parentage.
Legal System for DNA Testing in Nigeria
Though Nigeria lacks a specific law against paternity fraud, the following legislations govern paternity disputes and DNA testing:
- Child’s Rights Act (2003): Provides for child welfare and for parents’ duties, though not clearly expressed under paternity fraud.
- Matrimonial Causes Act (2004): Provides for custody and for parents’ duties upon divorce.
- Evidence Act: Admits DNA results as evidence for use in court.
- Traditional Laws: In certain societies, cultural laws also specify the manner in which parentage is established.
Establishment of Paternity
1.Presumption of Marriage Paternity: A child born in wedlock is presumed to be the child of the husband, but such presumption can be rebutted by evidence such as DNA testing.
2.Voluntary Acknowledgment: Fathers of non-marital children may establish paternity by acknowledgment, usually upon birth registration.
3. Disputed Paternity: Courts may order a DNA test to confirm biological parentage where there is disputed paternity.
4. Judicial Determination: A family court may make a binding declaration of paternity upon consideration of DNA reports and other circumstances.
DNA Testing in Court
Courts may direct DNA testing particularly where the child’s welfare is under consideration (Tony Anozia v. Patricia Nnani; Peace Izontimi v. Steven Izontimi). The process involves:
- Filing motion supported by supporting affidavit,
- Court consideration and order,
- Accredited laboratory collection of sample,
- Results directly presented to the court for decision.
Consent remains essential: adults’ consent in their own right, parents/guardians’ consent on behalf of children unless overridden by court order.
Challenges
Despite its credibility, Nigeria’s DNA testing faces challenges:
- No legislation on paternity fraud, as compared to the UK where the Human Tissue Act covers use of DNA.
- Concerns regarding consent and privacy as unauthorized testing may violate rights.
- Cultural stigma, deterring testing and encouraging secrecy.
- Financial barriers, as accredited testing remains costly and even less accessible in the rural setting.
- Procedural gaps, such as risks around evidence integrity and chain of custody.
DNA testing has transformed the resolution of paternity disputes with scientific accuracy. Nigeria’s legal framework, however, remains underdeveloped and victims of paternity fraud enjoy extremely limited recourse. Better legislation needs to regulate DNA testing, protect privacy and consent, and promote the child’s best interests. Public education will also be essential in overcoming cultural resistance and fostering responsible choice.
Finally, DNA testing has to be employed not only as a tool of determining biological reality but as a tool of dispensing justice, of safeguarding families, and of preserving the dignity of everyone involved.