Accra: The Deputy Attorney General and Minister of Justice, Dr. Justice Srem-Sai, has clarified that under current legal frameworks, no man is automatically presumed to be the father of a child born outside of marriage, even if he is the only man known to have had relations with the mother around the time of conception.
According to Ghana Web, Dr. Srem-Sai explained that a man who wishes to be recognized as the father of such a child must actively take steps to establish his paternity, either before or after the child's birth. In a Facebook post on Saturday, September 12, 2026, he elaborated that under customary law, recognition as the father can be pursued through specific cultural practices, such as presenting prescribed drinks or gifts to the mother's family.
Dr. Srem-Sai noted that the nature of these gifts varies according to the customs of different communities. Acceptance of these gifts by the family is interpreted as an acknowledgment of the man's claim to paternity, but it does not serve as definitive proof. This acceptance merely establishes a presumption of fatherhood, which can be refuted by contrary evidence.
He emphasized that, similar to presumptions in favor of a husband, this presumption of paternity for a non-marital child can be challenged and overturned with sufficient evidence. Furthermore, he highlighted that in other jurisdictions, legal recognition of a man's paternity on a child's birth certificate often requires DNA confirmation.