“Am I your father?” — Paternity fraud crisis, forensic policy debate and reforms

WHAT if the man you’ve loved, supported, and raised a child with and whose name is on the birth certificate, finds out he is not the biological father?

For many families around the world, that chilling question is no longer hypothetical. Across Africa and beyond, courts and communities are beginning to confront disturbing realities: men paying decades of child support for children who are not genetically theirs; inherited land and social status transferred under false lineage; children denied their true identity; and an invisible epidemic of deception cloaked in family privacy. As calls grow for mandatory DNA testing and reform of parentage laws, societies must ask not just “Who is the father?”, but also “What kind of justice and protections do we owe to every child, every parent, and every truth?” Is fatherhood ultimately defined only genetically by a strand of DNA, or socially by the years of love, provision, and reliability a man invests in a child?

Understanding paternity fraud

Paternity fraud refers to intentional deception, where a mother knowingly misidentifies a man as the biological father, often driven by financial, social, or legal motives. Misattributed paternity, on the other hand, involves intentional or unintentional misattribution. Either a deliberate intent or from genuine uncertainty or mistaken belief about who the biological father is. Paternity Fraud can be a form of intentional misattribution. Paternity discrepancy is a broad and neutral umbrella term that covers any situation where the presumed or recorded father is not the biological father. Together, these distinctions help clarify that not all cases of incorrect paternity are fraudulent, but some are accidental, and all fall under the wider category of paternity discrepancy.

Statistics

Various studies indicate a wide global variation in the rate of paternal discrepancy, ranging from 0.8 per cent to 30 per cent, with a median of 3.7 per cent. A growing body of forensic evidence shows that paternity fraud levels in Jamaica is as high as 34.6 per cent and across the Southern African Community (SADC) region, with Botswana recording a staggering 70 per cent non-paternity rate from over 2,500 DNA tests conducted between 2022 and 2025. Zimbabwe reports even higher figures, with 72 per cent of tested men confirmed not to be the biological fathers of the children they raised.

Across West and East Africa, the pattern remains alarming: Nigeria records up to 30 per cent misattributed paternity, while Ghana reports 20–25 per cent, South Africa 10–15 per cent, and Kenya and Uganda show rapidly rising rates in urban centres. Although maternity fraud is less common, emerging forensic reports of baby swaps, undocumented donor procedures, and hospital errors show that misattributed motherhood also exists, underscoring the urgent need for transparent policies, national DNA standards, and family-centred legal reforms across the continent.

The significant range in these statistics is largely due to the different methodologies and populations sampled. DNA testing is particularly common in developed nations, where testing is affordable and accessible. In most African countries, however, DNA testing remains limited, meaning many cases are likely hidden.

Comparative legal frameworks on paternity fraud

Legal frameworks vary widely across jurisdictions, with Zambia explicitly criminalizing paternity fraud under Section 9 of the Births and Deaths Registration Act, which imposes fines, imprisonment, or both, while Section 135 of the Children’s Code Act allows courts to vary, suspend, or revive maintenance orders when fraud is discovered.

Nigeria, by contrast, has no direct statute criminalising paternity fraud, leaving affected fathers to seek remedies under general fraud provisions, the Matrimonial Causes Act of 2004, and the Child Rights Act of 2003, none of which specifically address misattributed paternity.

In the United Kingdom, men can pursue legal redress through the Misrepresentation Act of 1967, the Fraud Act of 2006, and the Perjury Act of 1911, which collectively allow claims for deceit, fraud by misrepresentation, and penalties for false declarations on birth certificates.

South Africa provides stronger statutory guidance through Section 26 of the Children’s Code Act, which permits courts to suspend or terminate parental rights in proven cases of misrepresentation, and Section 35 of the Children’s Act of 2005, which mandates biological verification and legal correction in disputed paternity cases.

Ghana, meanwhile, has no specific legislation on paternity fraud, but relies on Section 132 of the Criminal Offenses Act, which covers defrauding by false pretenses—and civil claims for damages to address misattributed or fraudulent paternity arrangements.

Documented cases that sharpen the debate

The courts’ approach to paternity fraud is illustrated in several landmark cases, beginning with Nelson v Jonker, where a man who discovered after sixteen years that a child he had supported in good faith was not biologically his sought to reclaim maintenance payments, but although the court removed his future maintenance obligations, it refused reimbursement on public-policy grounds and for lack of proof of unjust enrichment.

In Seetal v Pravitha (1983), the court affirmed that when paternity is disputed, DNA testing may be ordered in the best interest of the child, emphasizing that such proof is essential for women seeking maintenance, while in ZM & NEM v A, E, L, S, the court declined to exhume a deceased man for DNA testing but ordered sibling testing instead to determine inheritance rights.

In Fanoe & Kumm v The State, the court found strong suspicion of intentional manipulation when appellants submitted falsified blood samples to mislead paternity results, demonstrating the judiciary’s firm stance against tampering and fraud in parentage determinations.

Social, legal and ethical consequences

The rise of DNA testing forces society to confront a difficult question: Is fatherhood defined by genetic certainty or by the social, emotional, and financial reliability of the man who has raised the child?

As affordable DNA testing exposes hidden paternity and, in rare cases, maternity discrepancies, families and legal systems are thrust into painful ethical dilemmas involving identity, trust, inheritance, and the meaning of parental responsibility. These revelations highlight that beyond biology, parentage disputes sit at the intersection of human rights, social justice, and legal accountability, challenging communities to decide how truth should be balanced with compassion, protection, and the stability of the family unit.

Deception in paternity constitutes a violation of moral duty and autonomy. In other words, truthfulness must be upheld universally and fraudulent misrepresentation of paternity is ethically impermissible.

Challenges in paternity fraud

• Perpetrators are left unpunished in countries where paternity fraud is a punishable offence (i.e., Zambia).
• Inconsistent judicial outcomes in countries where laws on paternity fraud are not explicitly recognized.
• Cultural taboos connected to paternity testing complicate issues since requesting a paternity test is perceived as disrespectful or distrustful.
• In situations where informed consent is declined, court decisions are based on other evidence available.

Forensic DNA — How can you prevent paternity fraud?

Forensic DNA offers the most effective safeguard against paternity fraud because it provides scientifically reliable evidence of biological parentage by comparing the DNA markers a child inherits—half from the mother and half from the father—making it extremely unlikely for two unrelated individuals to share the same profile.

Preventing deception begins with early, accurate testing, whether during pregnancy or after birth, since a true biological relationship is confirmed only when all the tested markers between the man and child match, while any inconsistencies indicate non-paternity.

Families seeking clarity can use two approaches:

1. “Peace-of-mind tests” collected privately at home.
2. “Legal or court-approved testing”, which requires professional sample collection under strict chain-of-custody standards to ensure the results are admissible and trustworthy.

Policy proposals and reforms

• Establishing independent National Forensic Commission to regulate and accredit DNA testing by mandating laboratory accreditation, proficiency testing, and mandatory case documentation.
• Defining legal standards for admissibility by requiring evidence of chain of custody, informed consent, and expert interpretation for court use.
• Protecting privacy and data by limiting DNA database access, specifying retention periods, and criminalize misuse.
• Providing counselling and safeguards to ensure pre- and post-test counselling, especially for children, survivors, and vulnerable parties.
• Addressing assisted reproduction by enforcing strict labelling, consent protocols, and audit trails in fertility services.
• Providing comprehensive training for judges and lawyers by delivering forensic literacy advancement, so courts can weigh probabilistic evidence appropriately.

Conclusion — A forensic, legal and humane imperative

While it is acknowledged that paternity fraud is rampant and growing, it is an unexplored issue in Africa. Explicit laws on misattributed paternity to bring out the intent will assist in striking the balance between the best interests of the child and one’s right to fatherhood.

There is also a need to ensure that people do not evade their parental responsibilities. Compulsory DNA testing is perhaps the key to maintenance claims; however, from the social understanding of what fatherhood stands for, paternity testing might be an effective test of genetic relatedness and infidelity, but it is an ineffective test against fatherhood.

The writers are forensic experts

BY: DR LAWRENCE KOFI ACHEAMPONG – GHANA, TAFADZWA NGOMAH – ZIMBABWE, FRANCIS JATTA – GAMBIA

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