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Legal DNA test of an adult

By Funmilayo Olagunju

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Paternity/maternity contention is not limited to children – there are cases when the paternity (or maternity in rare cases) of someone above the age of 18 might be in contention. The statutory provision for scientific test for the purpose of determining paternity/maternity is not limited to children only – it is also applicable to an adult.

When a Court order is being sought to conduct DNA for an adult, such adult (the party from whom sample is sought to be taken for genetic testing) must give consent to such test.

Imagine waking up one day to receive a court process through which a stranger is claiming to be your father or mother and urging the Court to compel you to submit yourself for DNA. The mere imagination of such possibility could be quite unsettling.

In the case of Anozia v. Nnani [2015] 8 NWLR (Pt. 1461) 241 at 256-257, an adult male (appellant) sued a 57-year-old man (2nd Respondent) and his aged mother (1st Respondent). The appellant claimed that he is the biological father of the 2nd Respondent who was a product of the extra-marital intercourse he had with his mother (the 1st Respondent) many years ago. The appellant wants the Court to compel the 57-year-old to subject himself to DNA test against his (the 2nd Respondent’s) wish but the Court refused the appeal. The appeal has gone to the apex Court.

The privacy of an adult cannot be sacrificed for someone laying sudden affiliation to him/her biologically. It is also possible that an adult (A) is claiming to be the child of another adult (B.) In such case, A cannot compel B to subject him/herself for genetic testing against his/her wish.

There are people who claim sudden biological ties with successful, wealthy or famous people as their parents against the wish of the acclaimed ‘parent’. There are also those who lay sudden claim to grown-up children (especially the successful ones) against the wish of the acclaimed ‘child’.

The Court will not compel an unwilling adult to conduct DNA as that will amount to helping a party to proof his/her case. Legal DNA is not a weapon of gold-digging neither does it allow a person to reap where s/he has not sown.

The other woman said, “No! The living one is my son; the dead one is yours.” But the first one insisted, “No! The dead one is yours; the living one is mine.” And so they argued before the king.

I Kings 3:22 (NIV)

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Legal DNA test of an adult

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