AN APPRAISAL OF THE RIGHT OF THE CHILD TO PATERNITY: PROTECTION AND PROGNOSIS

Abstract

Children are guaranteed several rights under different laws in Nigeria. The Nigerian Constitution 1999 has guaranteed every citizen rights which are inalienable. Children as humans are entitled to enjoy all the rights guaranteed by the constitution. The Child Rights Act 2003 is the most comprehensive law on child protection in Nigeria. Several states have domesticated the laws on rights of children. The Borno State Child Protection law 2022 is a good example. The right to legitimacy is not popular compared to other rights enjoyed by children. Unfortunately a threat to the right to legitimacy or paternity is a threat to several other rights like the right to dignity and protection from harm. The unilateral use of DNA by parents to determine the paternity of children born to them by their wives poses a serious threat to the right to paternity of children. While the Child Rights Act 2003 allows use of DNA and other scientific methods to determine paternity, it did not allow the unilateral use of the test. It is an abuse of the right of children to be subjected to DNA tests without their consent. However the Child Rights Act made it only a declaratory right. The paper therefore suggested stringent majors before the taking of samples for DNA test from children and equally provision of sanctions to laboratories that allow abuse of the right of children using their facilities