THE DYNAMICS OF PATERNITY FRAUD AND PATERNITY MISATTRIBUTION IN NIGERIA

Abstract

Paternity Fraud and Misattribution has become a topical global issue and now a front-burning phenomenon in Nigeria. Paternity fraud occurs when a male partner is deceived into believing that he is the child's biological father when in fact this may not be the case, whereas paternity misattribution occurs when a man (and occasionally the mother) incorrectly assumes he is the child's biological father. It is undeniable that the advent of Deoxyribonucleic acid (DNA) testing coupled with the judicial and statutory recognition has uncovered more instances of paternity fraud and misattributeion than ever before. Despite the element of fraud and malpractices, it is still unclear how the law and the courts should respond and compensate persons who have fallen prey to paternity fraud and paternity misattribution. This paper employs a desk-based doctrinal approach in analyzing the socio-legal perspectives and effects of paternity fraud and misattribution in Nigeria and South Africa, while it unravels the absence of express statutory provisions to regulate and remedy this challenge in Nigeria and examines South African legislation with similar African climate and draw lessons from South Africa for Nigeria. The paper recommends the amendment of existing enactment on matrimonial and family legislations to provide adequate remedies for the harm and rising issues emanating from paternity fraud and misattribution in Nigeria.