Paternity Fraud: What If DNA Was Wrong And She Is Right?

“Come let’s reason together,” so says the good book.
But what is there to reason in a case of paternity fraud? Who will ever listen to her or believe her?

I tried putting myself in the shoes of the victim of a paternity fraud case, but couldn’t.

How do you go to bed a father, only to wake up to an early morning reality that you are no longer a father? Like the popular music group exclaimed, imagine that!

Just as was done to the adulterous woman, men are always quick to chant “crucify her,” but who is without sin? This question, Jesus asked, in the case of the adulterous woman, as contained in John 8:1-11.

But, really, what if she is right?

How often have we considered the possibility that the man is to blame? What if she was faithful, and did no wrong, to begin with? Yes! In a case of paternity fraud, we are always quick to lay blames at the feet of the woman, whilst shouting “crucify her,” seldom listening to her story.

We are quick to negate her right to a fair hearing. We are quick to join the bandwagon in passing judgment, whereas, in our respective cupboards, we are nothing but “chichi do do.”

You can ask Mr Ayi Kwe Armah for the meaning of “chi chi do do” if you don’t know it.

How could she possibly be right?
Well! I think the question should be why do I think she is right?

But wait a minute, what really is the meaning of DNA?

DNA simply means deoxyribonucleic acid. It is a molecule that carries our genetic code and is unique to each of us. Each and every cell in the human body contains a complete set of DNA which is often inherited from our biological parents. In essence, we inherit a half set of our DNA from each of our parents.

Generally, people possess their respective DNA code and profiles, except in some cases of identical twins, whose DNA profiles are also identical.

Whether reliance on DNA tests may be wrong?

The question one may be tempted to ask is whether or not DNA is conclusive proof of paternity in paternity fraud cases.

It might interest you to know that DNA, in my honest opinion, is not always conclusive proof of paternity. Whilst DNA might be accurate in predicting if a child shares DNA codes with either of the parents, there are circumstances wherein a child might not share the genetic code of a biological parent.

What if either of the parent or the child is a Chimera?

A case of genetic chimerism is said to have occurred when a child is composed of cells with more than one distinct genotype.

Biologically, a chimera is a child that has two different DNA. In other words, the child will become its own fraternal twin in his body. That is two fraternal twins with different DNA lodged into one body.

This set of children often possesses A/B blood types. Chimeras are often in their own class, and may not share the DNA of either or both parents.

So, whilst a DNA result reveals whether or not a child shares DNA with a parent, it does not reveal whether or not the child is a chimera.

There is no gainsaying that DNA samples are often analyzed according to the laboratory protocols, and the technician, without prior knowledge, may not perform a chimera identity test.

This presupposes that the biological mother of the child may be faithful, and still end up being accused of adultery or infidelity, whereas she is actually innocent.

Another possibility in this regard is when either of the parents is a chimera, that is, has two different sets of DNA. Such a parent could be fraternal at birth.

Recently, in the UK, a biological mother was accused of stealing her biological children in an alleged fraudulent child support case.

Whilst DNA from her blood, hair and nails didn’t match her DNA, components from her organ matched with the DNA of the child. In another case, a scientist discovered that a newborn child didn’t share the DNA of the biological mother.

Genetic mutation at conception?

This is perhaps the rarest of all genetic possibilities. One cannot rule out the fact that DNA mutation is another possible way wherein the child’s DNA codes and profile may be different from the father’s.

The truth is that mutations occur constantly in our everyday life and it is usually not a problem. But when the successful sperm contains a mutated strand of DNA, it might cause the child’s DNA to test differently than the father’s.

One must also take cognizance of the fact that the older a man gets, the more DNA mutations his sperm will contain.

What if the DNA sample was tampered with?

Even though this is rare, tampering with DNA samples can affect the outcome of a paternity test. I once witnessed a situation wherein a woman was sent out of her matrimonial home, simply because the lab technician erroneously swapped the DNA sample.

There is also the possibility that the DNA sample was knowingly tampered with because the biological father needed a reasonable excuse to end an existing marriage.

Most often, this is done to give him justifiable grounds to enable him to contract another marriage with a wealthier mistress. In one case, a husband colluded with the members of his family to end his marriage to his wife. All they did was to tamper with the DNA sample.

The result, of course, allegedly showed that he was not the biological father of the child. But karma soon visited him when his new marriage did not produce any child. All medical result revealed that he could not father a child as his semen did not contain any sperm.

He sued his former wife in an attempt to turn back the hands of time.  He conducted another test that showed he was truly the biological father of the child in question. But the Court dismissed his case and denied him access to the child.

Again, who would have believed the biological mother was right?

What if the DNA test produced a false negative result?

Whilst the incidence of deliberate fraud is not the only source of erroneous DNA test results. In some instances, errors made by the technician can lead to a false negative result. We are human and prone to errors.

What if the Child was knowingly or erroneously swapped at birth?

It is no news that medical practitioners, especially midwives and nurses deliberately or erroneously swap children at birth when none is watching over them.

But who listens to the voice of the mother whose child was swapped at birth if DNA reveals that the husband didn’t father the child?

Would you stop for a moment to listen to her explanation?

Your peace of mind and future matter! No mother or child deserves to be a victim. If you are involved in a legal issue involving paternity, divorce, access to the child or other children of the marriage, child support and annulment of marriage, you should seek legal counsel and redress.

Written by

Areniors Timidayefe

Managing Partner

LeXor Law Associates

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