By Funmlayo Olagunju

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Deoxyribonucleic acid (DNA) test is a genetic testing that can be used to establish biological relationships.

A DNA test is qualified as ‘legal’ if it was carried out with the approval of Court. Though genetic testing can be used to determine biological relationship with both parents (paternity and maternity), it is often required to determine paternity in practice. The outcome of a paternity test is crucial for a child as such pronouncement may determine his/her custody, maintenance and right of inheritance.

By the provision of Section 1 of the Child’s Right Act, the best interest of a child is to be given paramount consideration in an action. The section provides:

“In every action concerning a child, whether undertaken by an individual, public or private body,institutions or service, court of law, or administrative or legislative authority, the best interest of thechild shall be the primary consideration.”

The Court is empowered to order a DNA test for a person (whether a child or an adult.) The relevant Law is Section 63(1) (a) which provides:

” In any civil proceeding in which the patenity or maternity of a person falls to be determined

by the Court hearing the proceedings, the Court may, on an application by a party to the proceedings,

give a direction for – 

(a)  the use of scientific tests, including blood tests and Deoxyribonucleic Acid tests, to

ascertain whether the tests show that a party to the proceedings is or is not the father

or mother of that person.”

In the case of TONY ANOZIA V. MRS. PATRICIA OKWUNWA NNANI & IGNATIUS “NNANI” (2015) 8 NWLR (PT. 1461) 241, the Court held that where a person is a minor and his paternity is in issue, the court can order the conduct of DNA test in the overall interest of the child, to ascertain where he belongs.

The Court does not grant the request for DNA test of a child as of right to an applicant. The applicant must show credible reasons necessitating the request for the test and the Court will give paramount consideration to the interest of the child. The genetic information of a child is crucial to his/her existence and children are not ordinarily exposed to scientific testing to satisfy the curiosity of an adult.

The acquisition of sample for genetic testing requires the consent of the person. A child who is above the age of Sixteen may give consent for samples to be taken from him/her though the age of majority is yet to be attained.

The consent of a parent or legal guardian of a child under the age of Sixteen is required.

DNA test is capable of revealing misplaced paternity in children if the due process is followed.

“Everything that is hidden will be shown, and everything that is secret will be made known”

Luke 12:2 (NCV).