THE CONUNDRUM OF PATERNITY FRAUD: A LEGAL AND SOCIAL ANALYSIS

The issue of paternity is foundational to family law, affecting matters of inheritance, identity, and maintenance. Paternity fraud, where a mother knowingly misidentifies a man as the biological father of her child, creates profound legal and emotional turmoil. While the request for a Deoxyribonucleic Acid (DNA) test can be a source of conflict, it should be viewed not as an accusation, but as a definitive tool for establishing truth, offering a faithful mother an opportunity to affirm her integrity.

Legal Framework on Paternity in Nigeria

In Nigeria, the law presumes that a child born during the subsistence of a marriage is the child of the husband. This is known as the presumption of legitimacy. Section 165 of the Evidence (Amendment) Act, 2023 provides that the birth of a person during a valid marriage between their mother and any man is conclusive proof of legitimacy, unless it can be shown that the parties had no access to each other at the time of conception.

This presumption is one of the strongest in law but is not absolute. It can be rebutted with compelling evidence to the contrary.¹ The Supreme Court of Nigeria has held that this presumption can be challenged with evidence that proves the husband could not be the father, such as proof of non-access or impotence. In the modern era, scientific evidence, particularly DNA testing, has become the most conclusive method to rebut this presumption.

When paternity fraud is established, the legal consequences are significant:

1. Succession and Inheritance: A child proven not to be the biological offspring of the deceased is not entitled to inherit from his estate under statutory law, though the man could have made specific provisions for the child in a will.

2. Child Maintenance: The non-biological father can be absolved from future maintenance obligations for the child. However, recouping funds already spent on the child is legally complex and often unsuccessful.

3. Psychological and Emotional Harm: The law is still developing in its recognition of the tort of paternity fraud or deceit. However, the emotional distress caused to both the deceived man and the child is a significant, though not always legally compensable, injury.

DNA Testing: A Tool for Certainty, Not an Accusation

The societal reaction to a man's request for a DNA test is often one of suspicion towards him, branding him as untrusting. For the woman, the request can feel like a direct assault on her character and fidelity. However, this perspective, while understandable, is increasingly outdated in an age where certainty is paramount.

A request for a DNA test should not be viewed as an insult but as a practical step for clarification. It can be likened to other forms of due diligence in significant life events. For example, parties to a business contract conduct due diligence, and individuals entering marriage may request health screenings. These are not seen as acts of distrust but as prudent measures to ensure transparency and prevent future complications.

For a faithful mother, a DNA test is a simple, scientific process that confirms the truth she already knows. Rather than taking offense, she can view it as an opportunity to unequivocally validate her virtue and solidify the paternal bond between the father and child, free from any future doubt or insinuation. It transforms a potential point of contention into a moment of confirmation. The outcome protects not only the father from potential fraud but also secures the child’s identity and the mother’s honour. As stated in the case of Onyeneke v. Ezenwa, the court's primary duty is to seek the truth, and scientific evidence is a vital aid in that pursuit.²

The Child's Best Interest

Beyond the adults involved, the central figure in any paternity dispute is the child. The Child's Rights Act of 2003 prioritises the best interests of the child in all matters. A child has a fundamental right to know their biological origins.³ This knowledge is crucial for their sense of identity, psychological well-being, and for understanding their medical and genetic history.

Paternity fraud perpetrates a deep deception on the child, which can lead to a severe identity crisis and emotional trauma upon discovery. Establishing paternity accurately and early is therefore a profound act of love and responsibility, ensuring the child grows up with a secure and truthful understanding of their identity. Refusing a DNA test on the grounds of being offended prioritises the parent's feelings over the child's fundamental right to know their parentage.

Conclusion

Paternity fraud is a serious issue with damaging legal and emotional consequences for all involved. While the presumption of legitimacy serves to protect the family unit, it cannot stand in the face of scientific certainty. The request for a DNA test should be destigmatised and seen for what it is: a tool for truth. For a faithful mother, it is a straightforward opportunity to confirm her fidelity and secure her child's lineage. For the father, it provides certainty, and most importantly, it honours the child's right to an undisputed identity. Embracing such scientific clarity strengthens, rather than weakens, the bonds of a family built on truth.

References

¹ See Cole v. Akinyele (1960) 5 FSC 84, where the Supreme Court dealt with the acknowledgement of paternity for a child born outside of marriage.

² In cases of disputed paternity, Nigerian courts have increasingly ordered and relied upon DNA evidence to ensure a just determination, affirming that the truth is paramount.

³ Article 7 of the United Nations Convention on the Rights of the Child, which is domesticated in Nigeria via the Child's Rights Act, establishes the child's right to know his or her parents.