Introduction: A Sensitive Issue in Focus
A recent report by Smart DNA Nigeria reveals that 25% of paternity tests conducted between July 2024 and June 2025 showed that the presumed father was not the biological parent. Although this figure is slightly lower than the 27% recorded the previous year, it reignites a controversial issue with far-reaching legal, cultural, and psychological consequences.
However, these statistics require nuanced interpretation. The data come from a non-representative sample mostly urban families who voluntarily sought testing. It is neither a reflection of national prevalence nor an indictment of Nigerian women. Yet, in public discourse, these figures are too often interpreted in a way that unfairly targets women, igniting moral panic and reinforcing sexist narratives.
This article explores the complex realities behind misattributed paternity in Nigeria, examining legal frameworks, gender dynamics, cultural and religious influences, and the urgent need for a more compassionate and informed societal response.
Understanding the Numbers: Sample Bias and Data Gaps
Most tested children were aged 0–5, but little is known about how and why DNA testing was pursued in each case. Those with financial means and awareness typically urban, educated families are more likely to access such services.
This sampling bias invalidates sweeping generalizations and underlines the need for broad-based, government-supported studies that include rural and underserved populations. Until such data exist, caution not condemnation should shape public opinion.
The Gendered Narrative: Unfair Burden on Women
In Nigeria’s patriarchal society, the fallout from disputed paternity falls disproportionately on women, who are often publicly shamed, socially ostracized, or even legally penalized. Meanwhile, men are rarely subjected to equivalent scrutiny even when ordering DNA tests are motivated by distrust, insecurity, or financial concerns.
This gendered bias reinforces misogyny and ignores the social and relational complexities that may lead to misattributed paternity, including male absenteeism, economic dependency, or emotional abuse. The narrative that misattributed paternity is a widespread case of female infidelity is not only simplistic, it is deeply unjust.
Men’s Responsibility: A Call for Cultural Change
While public discourse often centers on women’s “failings,” men’s responsibility remains underexamined. Men frequently initiate testing to confirm fertility or avoid financial obligations, yet they face limited social consequences compared to women. Cultural practices protect male privilege, fostering silence around male infidelity or denial.
To shift this dynamic, targeted education and awareness campaigns aimed at men are vital. Men must be recognized as equally responsible partners in family integrity and parenthood, thereby promoting a fairer, more balanced dialogue.
Legal Framework on Paternity and DNA Testing in Nigeria
Under Nigerian law, the starting point is the presumption of paternity. Section 165 of the Evidence Act 2011 stipulates that a child born during the subsistence of a valid marriage, or within 280 days of its dissolution, is presumed to be the legitimate child of the husband. This presumption, however, is rebuttable, which means it remains valid unless challenged by conclusive evidence such as DNA test results.
The courts have reinforced this legal position. In Anozia v. Nnani & Anor (2015), the Court of Appeal held that a party seeking to rebut paternity must provide clear and convincing evidence. In practice, this typically means scientific evidence, most often, a DNA test.
The Child’s Rights Act 2003 strengthens this legal framework. Section 63(1)(a) of the Act empowers courts to order scientific testing, including DNA, where there is doubt or dispute over a child’s paternity, especially when such clarification serves the best interest of the child. The law also sets out clear consent rules: children under the age of 16 require the consent of their guardians for DNA testing, while those aged 16 and above must personally consent. For mentally incapacitated adults, both a guardian and a medical practitioner must approve the procedure. Courts generally treat the results as confidential and balance them against the wider interests of justice and the child’s welfare.
Religious Perspectives on Misattributed Paternity
Religion in Nigeria extends beyond personal faith; it deeply influences family law, inheritance, and social legitimacy. The three major religious traditions in the country; Islam, Christianity, and African Traditional Religion each approach the issue of misattributed paternity with distinct doctrinal and cultural frameworks.
In Islam, particularly within the Maliki school dominant in Nigeria, sexual infidelity within marriage is a grave sin, especially when it results in false paternity. Lineage (nasab) is sacred in Islamic law, and when a husband doubts a child’s paternity, the Qur’an (24:6) prescribes liʿān: a legal process of mutual oaths before a judge. If the husband’s denial is upheld, the marriage is dissolved and the child is legally disassociated from his lineage bearing neither his name nor inheritance rights unless acknowledged. While the child is not punished, the moral blame traditionally falls on the mother, accused of zina (adultery).
Still, in many Islamic societies, men are encouraged to “accept what marriage has blessed you with,” especially when the child is born within a lawful union. This reflects a broader ethical call toward mercy, family unity, and protection of the innocent, alongside the legal emphasis on truth and accountability.
Similarly, Christianity regards misattributed paternity as the consequence of adultery and deception both of which are clearly condemned in Scripture. The Bible teaches that “You shall not commit adultery” (Exodus 20:14). While the child is not held accountable for the circumstances of their birth, the acts of infidelity and deceit are viewed as sins that require repentance and a return to truth. Some Christian denominations may restrict full participation in sacraments or child dedication ceremonies until the truth is acknowledged. Pastoral counseling is often recommended to help families navigate the emotional and spiritual challenges posed by such revelations.
Within African Traditional Religion (ATR), especially among the Yoruba, Igbo, Edo, and related cultures, the issue of misattributed paternity is understood as a spiritual transgression. The purity of lineage is not only a social concern but a metaphysical one, involving the ancestors and the spiritual order of the family.
A child born of another man but claimed by the husband is believed to bring spiritual imbalance or even ancestral anger. Elders and priests may declare that such a child is “misaligned” with the family’s ancestral spirit unless traditional rites are performed to cleanse or realign the child’s spiritual identity. In some communities, if the true paternity is revealed later, the child may lose inheritance rights or face exclusion from rituals such as ancestral worship or burial within family grounds.
Mothers found to have committed such deception often face serious consequences ranging from public shame to ostracism unless they confess and undergo ritual reconciliation.
Social and Psychological Dimensions
The prevalence of misattributed paternity in Nigeria reflects deeper social dynamics. The 2025 Smart DNA Nigeria report revealed that men aged 41 and above initiated 45.5 percent of DNA tests, often driven by concerns about financial responsibility or succession. Most of the children tested were between zero and five years old, indicating that doubts about paternity frequently arise early.
Among children tested whose birth order was recorded, firstborn sons, in particular, had the highest rate of negative results, with a 64 percent exclusion rate. This statistic points to possible attempts to strategically misrepresent paternity, perhaps to secure inheritance rights or avoid social judgment in early, unplanned pregnancies. The emphasis on male heirs in many Nigerian cultures amplifies these pressures.
DNA testing is also being used increasingly in emigration processes, where families are required to provide biological proof of relationships. The “Japa” wave of outward migration is thus indirectly reinforcing demands for paternity verification.
Statutory Protections Against Discrimination
Despite strong religious and cultural attitudes, Nigerian law unequivocally protects the rights of every child regardless of how they were conceived or to whom they are biologically related.
Section 42 of the 1999 Constitution prohibits any form of discrimination on the basis of birth circumstances. The Child’s Rights Act 2003 echoes this protection by expressly banning discriminatory treatment against children born outside wedlock or in disputed circumstances.
The landmark Supreme Court ruling in Ukeje v. Ukeje (2014) cemented this principle, affirming that no child in Nigeria can be denied inheritance on the grounds of being “illegitimate.” This ruling effectively nullifies any custom or religious doctrine that attempts to exclude children from succession rights based solely on paternity status.
Policy Recommendations: Advancing Justice, Gender Fairness, and Child Protection
To effectively address the legal, cultural, and gendered dimensions of misattributed paternity in Nigeria, a comprehensive and rights-based policy response must include the following:
- Establish a National DNA Testing and Paternity Dispute Framework
Develop a government-regulated framework to standardize DNA testing protocols, ensure informed consent (especially for women and minors), and protect the privacy of all parties involved. This framework must be gender-sensitive and include safeguards against coercion or misuse. - Strengthen Legal Protections Against Gender-Based Discrimination and Stigma
Amend existing laws or enact new provisions to explicitly prohibit the use of paternity test results to shame, penalize, or socially ostracize women. Legal reforms should also clarify that a woman’s sexual history or presumed infidelity cannot, by itself, form the basis for denying custody, support, or dignity. - Launch Public Education Campaigns Promoting Shared Parental Responsibility
Use mass media and community outreach to challenge gendered narratives that place blame solely on women. Campaigns should promote the idea that men are co-responsible for reproductive decisions, marital fidelity, and the emotional wellbeing of their families. The messaging should center on empathy, truth, and fairness, not punishment or humiliation. - Fund Gender-Sensitive Counseling and Mediation Services
Create accessible, confidential support systems including legal aid, psychological counseling, and family mediation or both women and men navigating paternity disputes. Special protections must be provided to mothers facing violence or threats due to paternity revelations. - Encourage Religious and Customary Leaders to Uphold Constitutional Rights
Engage religious and traditional authorities in gender-sensitivity training to promote interpretations of faith and custom that protect women’s dignity and children’s rights. Encourage these institutions to reject public shaming and exclusionary rituals that disproportionately punish women. - Enforce Anti-Discrimination Laws in All Family and Inheritance Matters
Fully implement the Ukeje v. Ukeje (2014) decision and Section 42 of the 1999 Constitution, ensuring that no child regardless of paternity status is denied inheritance or subjected to cultural exclusion. Government and judiciary actors should monitor and penalize discriminatory practices within religious, customary, and civil frameworks. - Integrate Gender Equality Education into School Curricula and Community Programs
Foster long-term cultural change by teaching young Nigerians about gender equality, respectful relationships, legal rights, and reproductive responsibility. These programs should target both boys and girls, with a focus on dismantling harmful patriarchal norms. - Promote Research that Includes Women’s Voices and Lived Experiences
Future studies on paternity and family structure should move beyond raw DNA statistics to explore the socio-economic, emotional, and gendered dimensions behind misattributed paternity. Women’s perspectives must be prioritized to develop more nuanced, humane policy responses.
Final Thoughts
Misattributed paternity is not just a case of private betrayal, it is a rupture of identity, law, and trust. In a country where ancestry defines status, inheritance, and even spiritual belonging, DNA testing has become a powerful disruptor. As the science becomes more accessible, Nigeria must prepare legally, morally, and culturally for a future in which biology, belief, and truth collide more often.
In this sensitive terrain, compassion must accompany truth, and justice must not be blind to context. Whether in courtrooms, mosques, churches, or family compounds, the guiding principle must remain the same: every child deserves the dignity of truth and the protection of the law.