PATERNITY FRAUD OR PATERNITY MISATTRIBUTION? A LEGAL DISCOURSE: REVIEWING THE RIGHTS OF VICTIMS OF PATERNITY FRAUD

Abstract

Paternity fraud or paternity misattribution refers to the intentional or negligent misrepresentation of a child’s biological father. It constitutes a growing but under-regulated challenge within Nigeria’s legal system, raising profound questions of justice, privacy, family integrity, identity rights, and state responsibility. This paper establishes paternity fraud as not merely a domestic or moral concern, but a doctrinal, constitutional, evidentiary, and policy problem with significant implications for men, children, and society. The absence of a comprehensive parentage statute, the constitutional barrier posed by section 37 of the 1999 Constitution against compulsory DNA testing, lack of civil remedies or criminal sanctions for fraudulent mothers, weak birth registration systems and the insufficient protection of a child’s right to identity are the major challenges. While comparative jurisdictions such as the United Kingdom and Canada maintain structured parentage-testing regimes, Nigeria’s framework remains fragmented and outdated. The research methodology adopted in this paper is doctrinal and comparative research Methodology. Primary sources include Nigerian statutes, case law, constitutional provisions, and regulations. Comparative analysis draws on United Kingdom and Canadian family law instruments, judicial decisions, and administrative practices. Secondary materials include scholarly articles, commentaries, and international human rights instruments. The findings show that Nigeria’s legal system provides no effective remedies for victims, lacks mechanisms for compelled DNA testing, and fails to safeguard children’s identity rights. Policy implementation is weak, and sociocultural factors hinder reform. The conclusion and recommendations call for a comprehensive Parentage and Paternity Act, constitutional amendment to permit court-ordered DNA testing, criminalisation of deliberate misattribution, robust civil remedies, strengthened forensic infrastructure, and enhanced child-identity protections aligned with international best practices.