Ghana’s Proposed Paternity Testing Bill Raises Concerns Over Discrimination

Accra: A new legislative proposal in Ghana is stirring debate as it progresses through the country's policy-making channels. The bill mandates compulsory paternity testing for all children born in healthcare facilities and seeks to criminalize what is termed 'paternity fraud.' The stated objectives of the bill include securing biological certainty, protecting paternal interests, and deterring deception or fraud. However, these objectives, while seemingly straightforward, are viewed by many as potentially discriminatory and problematic. According to Ghana Web, the proposed bill has been scrutinized under the lens of fairness, coherence, and impartiality, revealing weaknesses in its foundation. Critics argue that the bill injects suspicion into the legal system, targeting mothers specifically and using the power of criminal punishment as enforcement. The bill assumes that a biological mismatch is evidence of fraud, failing to distinguish between innocent mistakes, scientific anomalies, and deliberate deception . Moreover, the bill's focus exclusively on paternity, without questioning maternity, reveals a structural bias against mothers. Existing legal frameworks in Ghana already address parentage issues, with laws such as the Evidence Act of 1975 and the Children's Act of 1998 providing a coherent, child-centered approach. Critics argue that mandatory testing could disrupt this framework and impose economic burdens. As a private member's bill, it cannot draw on the Consolidated Fund, leaving families to bear the cost of tests that may not be necessary or desired. The proposal also raises concerns about its implications under criminal law, as it seeks to punish outcomes rather than proven fault. The bill's approach is likened to medieval practices, where adverse results were treated as proof of guilt. Cases such as heteropaternal superfecundation, where twins are born with different fathers, highlight the flaws in using DNA results as conclusive evidence of deception. Furthermore, the bill is viewed as inconsiste nt with Ghana's international human rights obligations, including commitments under the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women. Mandatory paternity testing is seen as an arbitrary interference with privacy and as reinforcing harmful gender stereotypes. Critics advocate for a more balanced approach, allowing for DNA testing in cases of genuine doubt and under judicial supervision. The proposal to criminalize mismatches without clear evidence of fraud is seen as a step backward, undermining legal principles and human rights. The debate continues as Ghana grapples with the complexities of balancing legal certainty, fairness, and the rights of individuals.