By Chad Skelton

I’ve been meaning to blog for awhile now about an article I read in last week’s Sunday New York Times Magazine about dads who find out through DNA tests that they aren’t the real father. The main thing holding me back: I couldn’t figure out what I thought about it.

While I usually have a pretty clear idea where I stand on most parenting issues (see vaccines, co-sleeping, or religion, just to name a few) I had difficulty figuring out where I stood on this one — or, for that matter, what I would do if put in the same situation.

The article navigates the complex legal issues that arise when someone who always thought they were a child’s father finds out that, in fact, they are not.

The article notes that, much to many “duped dads” surprise, a DNA test confirming they aren’t a child’s biological father usually has no impact on their legal obligations to the child, such as paying child support if they split with the child’s mother.

Indeed, the article is centred around the story of one man — identified only as Mike L. — who found out through DNA tests that the daughter he’d raised for years was not really his.

After getting divorced, his ex-wife then married the man who was the child’s actual biological father — yet Mike is still legally obligated to pay child support:

“I pay child support to a biologically intact family,” Mike told me, his voice cracking with incredulity. “A father and mother, married, who live with their own child. And I pay support for that child. How ridiculous is that?”

As the article explains, the legal principle that requires fathers in these situations to keep on paying child support is that the best interests of the child come first, that children shouldn’t be punished financially for the deceptions of their mother. In general, this seems like a fair principle — it would seem wrong for children to be plunged into poverty because their mother had an affair years ago.

It also seems to make logical sense when you look at it in the context of child custody. If a man loved and raised a child as his own for years and then found out the child wasn’t biologically his, most of us would think it unjust and cruel if the mother could then deny him access to the child based simply on a DNA test.

So if a DNA test isn’t enough to sever a man’s parental rights, it seems somewhat logical that it’s not enough to get him out of his responsibilities, either.

But cases like Mike’s raise an interesting moral question. In theory, there’s no reason the child has to suffer financially in his case. The girl’s biological dad is living with her and could easily step up. Indeed, it seems unjust that her biological father is able to weasel out of his responsibilities because of the way the law recognizes parental rights.

While I can’t decide what I think about how the law should deal with cases like Mike’s, there’s one thing I am clear about: There is something seriously wrong about men who, upon learning a child isn’t biologically theirs, abandon them completely.

Ironically, some courts actually reward this morally abhorrent behaviour — because a father who abandons his child when he learns it’s not genetically his can make a stronger case later on that DNA was all that ever linked him to the kid.

There was something deeply sad about reading in the story about cases of fathers who completely stopped seeing their children upon learning they weren’t biologically linked:

The last time [Carnell] Smith saw his one-time daughter was nine years ago, when she was 11. His outrage at Chandria’s mother and the system remains close to the surface. “We’re penalized for trusting our wives or girlfriends!” Smith seethed to me. He has long since lost track of Chandria. It is as if she ceased to exist once their biological connection evaporated.

Chandria, however, has not forgotten Smith. Her memories of her 11 years with him are happy ones, which makes what happened afterward so hard for her to grasp. As Chandria, who is now 20, remembers it, Smith just disappeared from her life. “I was just a kid, so I didn’t really understand what happened or why,” she said. “He never did explain why he didn’t want anything to do with me anymore.” Chandria says he wouldn’t answer when she called him at home, or he would promise to call back but never did.

I know that — from a strictly evolutionary perspective — it makes no sense for a man to take care of a child who isn’t biologically his (indeed, as I’ve written before, that partly explains why everyone always says babies look so much like their dad).

But even a believer in evolution has to concede that we are more than just gene machines — how else to explain adoptive parents who devote so much time and money to raising and loving children they know aren’t biologically their own?

I’ve often thought that parenting is an interesting balance between selfishness and selflessness. In many ways, we invest in our children for selfish reasons — they carry our genes into the next generation and their success reflects back on us as parents.

Yet much of what we do as parents is about selflessly putting our children’s needs above our own.

It seems to me that men who completely abandon a child because a DNA test says they aren’t biologically linked reveals that, for them, parenting was only ever a selfish pursuit.

If a child isn’t going to pass on their genes, they see investing any time in the relationship as a complete waste of time.

It’s hard not to read an article like this and wonder what you would do if you found out your child wasn’t biologically yours. (This is also, I’ve learned, the kind of thing that — even when posed as a purely hypothetical question — can offend your wife.)

I know I can’t imagine abandoning The Boy in such a situation — both because it would be an act of cruelty against a child I love but also because the emotional bond I have with him is about more than simple biology.

I’d be interested to know what other dads out there think. Please post a comment and let me know.

Also, the examples in the article are, of course, all American. I’m not sure if Canadian courts deal with these situations in the same way (though this 1998 Supreme Court of Canada case on the responsibilities of step-parents suggests they do). If anyone knows more, please leave a comment and/or a link.

Culled from Vancouver Sun

In a groundbreaking judgment on Tuesday, India’s Supreme Court addressed a complex conflict between paternity and legitimacy, arising from the birth of a child to a woman and a man who is not her husband. 

The Court ruled that if a marriage remains valid and the spouses have had access to each other, the husband is considered the legal father of the child, even if he is not the biological parent.

The case, originating from Kerala, brought forth the intricate debate of paternity versus legitimacy, which prompted Justices Surya Kant and Ujjal Bhuyan to examine family law precedents in the UK, US, and Malaysia. All these jurisdictions tend to presume legitimacy while allowing for DNA tests if legitimacy is contested.

The Supreme Court on Tuesday (January 28), in a landmark ruling, addressed a complex conflict between paternity and legitimacy, arising from the birth of a child to an adulterous woman and a man other than her husband. 

The Court ruled that if a marriage remains valid and the spouses have had access to each other, the husband is considered the legal father of the child, even if he is not the biological parent.

The case, originating from Kerala, brought forth the intricate debate of paternity versus legitimacy, which prompted Justices Surya Kant and Ujjal Bhuyan to examine family law precedents in the UK, US, and Malaysia. All these jurisdictions tend to presume legitimacy while allowing for DNA tests if legitimacy is contested.

Husband’s fatherhood maintained over biological evidence

Justice Surya Kant, writing the judgment, referred to Section 112 of the Indian Evidence Act, which establishes a strong presumption that a husband is the father of a child born to his wife during the subsistence of their marriage. Justice Kant emphasised that the purpose of this presumption is to prevent unwarranted inquiries into a child’s parentage. 

According to the judgment, the burden of proof falls on those who assert a child’s illegitimacy, and it can only be proved through the assertion of “non-access,” meaning that the husband can challenge the legitimacy of the child only if he can prove that he had no access to his wife at the time of conception.

The Court further clarified that “non-access” means the impossibility of marital relations between the spouses, not just an inability. To rebut the presumption of legitimacy, one must assert non-access and substantiate it with evidence.

“Non-access means the impossibility, not merely inability, of the spouses to have marital relations with each other. For a person to rebut presumption of legitimacy, they must first assert non-access which, in turn, must be substantiated by evidence,” the court said.

What was the case about?

The case in question involved a woman who admitted to conceiving a child with a man other than her husband while still married.  In 1991, the woman gave birth to a daughter, and in 2001, she had a son. The husband’s name was recorded as the “father” of the boy in the Municipal Corporation of Cochin’s birth register. 

However, due to marital differences, the couple began living separately in 2003 and later filed a joint divorce application, which was granted by the family court in 2006. After the divorce, the woman approached the municipal corporation, requesting that the name of another man be entered as the child’s “father.” 

She claimed that the other man was the biological father of the boy, following an extramarital affair. The corporation, however, stated that it could only make such a change if ordered by a court.

The Kerala courts had ordered a DNA test for the man, but he challenged this decision in the Supreme Court. Senior advocate Romy Chacko argued that forcing the man to undergo a DNA test would violate the provisions of Section 112 of the Evidence Act, which presumes the husband to be the father unless proven otherwise.

SC rejects plea for DNA test

In its judgment, the Supreme Court weighed the right to privacy and dignity against the child’s legitimate interest in knowing their biological father. The Court noted that compelling an individual to undergo a DNA test could subject his private life to public scrutiny, which could harm his reputation and dignity. 

Recognising the importance of privacy, the Supreme Court ruled in favor of the man, allowing his appeal and setting aside the order for the DNA test.

“When dealing with the eminent need for a DNA test to prove paternity, this court balances the interests of those involved and must consider whether it is possible to reach the truth without the use of such a test. First and foremost, the courts must, therefore, consider the existing evidence to assess the presumption of legitimacy. If that evidence is insufficient to come to a finding, only then should the court consider ordering a DNA test. Once the insufficiency of evidence is established, the court must consider whether ordering a DNA test is in the best interests of the parties involved and must ensure that it does not cause undue harm to the parties…,” the judgment said.

This story originally titled Husband remains legal father of child born out of wife’s adultery in valid marriage despite biological evidence: Supreme Court was first published on Thursday, 30 January 2025, by Financialexpress.com

Dr Dakuku Peterside, former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), has sent a message of condolence to Dr Max Amuchie, CEO, Sundiata Post Media Ltd, on the death of High Chief Emmanuel Ikonne Amuchie, father of Dr Amuchie.

In the message he personally signed on Tuesday, Peterside, a former Member of the House of Representatives, described the late High Chief Amuchie as a man who believed in education and raising others, adding that the deceased was selfless in community service and loved God deeply.

The message reads in full:

Dr Max Amuchie
Aboh Mbaise LGA Imo State.

“My dear brother,
CONDOLENCE ON THE PASSAGE OF YOUR FATHER, HIGH CHIEF EMMANUEL IKONNE AMUCHIE

“I was sad to hear about the passing of your beloved father, High Chief Emmanuel Ikonne Amuchie, an accomplished community leader and father to many. Please accept my deepest condolences during this incredibly difficult time. We will always be affected by the deep void left by Papa’s exit, even though he passed away after a long and fulfilled life.
“I got to know your father from the account of many of our common friends. The impression I got is that of a man who devoted his whole life to the service of humanity. He was a man who believed in education and raising others. He was selfless in community service and loved God deeply.
“By his words and action, he earned his place as a role model, mentor and a statesman to many. His impact in Amaisii Uvuru and the entire Aboh Mbaise is well known. He gave me the gift of brothers and sisters in his biological children, especially you, Dr Max Amuchie.
“As you navigate through this period of grief, be consoled by the quality-of-life papa lived and his abiding faith in Jesus Christ. As you celebrate his life, know it that he will remain an inspiration to all of us and to countless Christians all over the globe.
“May God accept his soul in heaven and may his memory be a source of comfort and strength in the days ahead.”

Aged 86, High Chief Amuchie fought in the Nigerian Civil War as a Biafran soldier and after the end of the war he joined the Nigerian Air Force (NAF), where he served in the medical corps in Makurdi, Benue State.
In 1978 he resigned from NAF and got admitted into the defunct Murtala College of Arts, Science Technology, Makurdi, which later became Benue Polytechnic, Ugbokolo, where he read business administration. He did the mandatory National Youth Service Corps (NYSC) at Olokin Grammar School, Ijebu-Igbo, Ogun State, passing out in 1983.
He joined the Imo State Teaching Service and earned a Postgraduate Diploma in Education (PGDE). He taught in many schools before retiring as a vice principal.

He was a member of the Nigerian Union of Teachers (NUT), Nigerian Institute of Management (NIM), Institute of Personnel Management of Nigeria (IPMN), Institute of Chartered Secretaries and Administrators (ICSA), London.
High Chief Amuchie was earlier in his career a dispensary and community health professional. He passed the Dispensary/Health Attendants’ Certificate with Distinction and as the best graduating student in defunct East Central State (comprising the current South-East states of Anambra, Imo, Ebonyi, Enugu and Abia) in 1971.

A reverred community leader, he was conferred with the chieftaincy title of ‘Ugo Eji Ejemba Mba I of Uvuru on 30 December 2002 by the late Eze Reuben Mbalewe.
He is survived by his wife, Lolo Angela Amuchie, eight children and grandchildren.
High Chief Amuchie will be buried on 25 April 2025.

• Refutes falsifying police records, demands retraction

“The facts are that they joined the Police Force as constables, some in about 1986. In 1992 the Police Force Management Team advertised for those who had become graduates after joining the Police Force up to that 1992 to resign and rejoin the Police Force and train afresh as ASP graduate cadets.”

Following the report that over 300 police officers including DCP Simon Asamber Lough (SAN); AIG Abdul Yari; AIG Idowu Owohunwa; AIG Ben Igwe; CP Peter Ukachi Opara; CP Obo Obo Ukani; and ACP Akpan Brown have been linked to an age falsification scandal within the Nigeria Police Force, Lough, the Head of Chambers, Legal Section of the Nigeria Police Force and the force first Senior Advocate as denied the allegation of backdating his police records to delay his retirement levelled against him by a civil society group, The Integrity Youth Alliance.

He has also demanded a retraction of the libellous report.

Prior to his demand, a source close to the officers named in the scandal described the publications about age falsification as false.

The source who does not want his name in print said: “Both the issue of falsification and retirement are false. None Of the officers forged or backdated his age. I know most of them.

“The facts are that they joined the Police Force as constables, some in about 1986. In 1992 the Police Force Management Team advertised for those who had become graduates after joining the Police Force up to that 1992 to resign and rejoin the Police Force and train afresh as ASP graduate cadets.

“All of them mentioned there among others resigned and rejoined as ASP Cadets, went through the required training and at the end were issued new employment letters and redeployed to serve at various formations and units.

“Before the 35-year due date for their retirement from the 1992 date, a new set of Police Management team asked them to retire from service based on the earlier 1986 date that they joined the Police Force as Constables. They refused since that no longer counted. When the Police Authorities insisted and tried to force them out, they went to Court and won.

“The Police Authorities had no choice but to implement the Court’s judgment and uphold a terminal date for their retirement from 1992.”

Counsel to DCP Lough, SAN, Adeleke Agboola, SAN in a 24 January 2025 letter, addressed to The Integrity Youth Alliance, Trojan Insight News and Sahara Reporters said: “We are instructed by DCP Simon Lough, SAN, the first police officer in Nigeria elevated to the rank of Senior Advocate of Nigeria in 2021, and we have his instructions to write this letter.

‘’Our client’s attention has been drawn to the above-referenced story which has been published by different online media houses, like the TROJAN INSIGHT which tagged the defamatory statement thus:“SIMON LOUGH, NIGERIA POLICE LEGAL HEAD, OTHERS UNDER INVESTIGATION FOR BACKDATING RECORDS TO DELAY RETIREMENT.

“Published online on the 19th January 2025 via https:/trojaninsights.com/simon-lough-nigeria-police-legal-head-others: under-investigation-for-backdating-records-to-delay-retirement.

“The Sahara Reporters also headlined the defamatory statement as: ‘Simon Lough, Nigeria Police Legal Head, Others Under Investigation For Backdating records To Delay Retirement’ via https://saharareporters.com/2025/01/19/simon-lough-nigeria-police-legal-head-others-under-investigation-backdating-records.

“It is our client’s express instruction that the above-captioned story as it relates to him at the material time is false. Our client was born on 14th May 1969 and joined the Police as a Cadet ASP on the 1st of May, 2000.

“Our client was never enlisted into the Nigeria Police Force on January 8, 1987, and therefore could not have retired on January 8, 2022, as maliciously published by you, with the intention to besmirch his reputation.

“You published the defamatory and injurious story against our client without seeking his side of the story in accordance with the media principle and ethical responsibility of news balancing.

‘’Thus, DCP Simon Lough has requested a retraction of the defamatory statement made against him wherein he was listed among the police personnel engaged in the unethical practice of backdating their history records.’’

30 more days and it will close! The Early bird registration for the 65th NBA AGC which began on January 1, 2025, will end on February 28, 2025.

When it closes, regular registration will commence on March 1, 2025, and run through May 31, 2025.

This year’s conference will take place in the Garden City of Port Harcourt, Rivers State.

The NBA AGC is an annual event dedicated to exploring the latest developments in law and providing participants with the highest-level insights from leading experts in the field.

How to Register:
To register for the conference, please follow the simple step-by-step guide below:

1. Visit the registration portal at https://agc.nigerianbar.org.ng/register/event.
2. Click on “Register”.
3. Select the “Individual” option.
4. Input your details as prompted.
5. Preview your details for accuracy.
6. An email verification link will be sent to your registered email address (please check your spam folder if you do not see the email in your inbox).
7. Proceed to login using the verified details.
8. Click on “Make Payment” to complete your registration.
9. Once payment is made, you will receive a receipt and a confirmation email.

Important Notes:
• Your Supreme Court Number (SCN) will serve as your unique identifier throughout the registration and conference process.
• QR codes will also be utilized for verification purposes during the event.
• We urge all registrants to ensure their email details are correctly entered to avoid delays in receiving verification and confirmation emails.

The NBA looks forward to welcoming you to this prestigious event, where critical legal issues and innovations will be discussed, and networking opportunities will abound. Act promptly to secure your participation at early bird rates, which will only be available until February 28, 2025. 

For registration inquiries or further assistance, please contact Sadeeq at: [email protected] or 09129209903(Strictly on Whatsapp).
Register today and join us for an unforgettable 2025 Annual General Conference!
Signed;
Chief Emeka Obegolu SAN, Chairman, AGCPC

Barbara Omosun, Esq.
Secretary AGCPC

• Task NJC and citizens to hold the judiciary to account

The call for merit and transparency in the recruitment process for security agents, institutional accountability, accountability for perpetrators of insecurity, punishment for electoral crimes and more were part of the resolutions at the annual House of Justice Summit held recently in Kaduna.

In the communiqué signed by the CEO of House of Justice, Gloria Ballason, and Luka Ashafa Odita, Lecturer in Criminology and Security Studies at Kaduna State University, the summit condemned the government’s policy of rehabilitation, recovery, and reintegration programs for offenders while abandoning victims in internally displaced persons camps, which are sometimes re-attacked by terrorists.

The summit urged that: “Border communities should be enlightened on national consciousness. Proper advocacy on national identity will strengthen community-based border security which will enhance intelligence gathering, natural surveillance and will stifle the influx of weapons upon which non-state actors rely on”

They also asserted that government and security agencies should go after the sponsors of terrorism in the country while expressing concern that over the years, the government has not deployed concerted efforts towards tackling insecurity and its financiers.

On Nigeria’s justice system, it was resolved that: “There is need for judicial reforms and systematic and timely justice delivery. The justice system in Nigeria and Africa should dispense justice according to law.

“The National Judicial Council and citizens shall hold the judiciary to account. Judicial appointments should be apolitical and shall not devolve by ‘inheritance’ family or filial ties or through any primordial sentiments. The Justice sector shall be independent and shall be the pivotal institution that holds all other institutions accountable.”

Meanwhile, they counselled that the Independent National Electoral Commission (INEC) should constitute persons who are above board.

Again, the summit in the communique charged the National Orientation Agency (NOA) and the Ministry of Information to ensure civic spaces and platforms where citizens engage public office holders for greater accountability.

“Advocacy through skits on national ethics and principles should be used to enhance integrity, honesty, truth, justice, dignity of labor, love for neighbor and country and respect for ethics, values, rules and regulations.

“Family and community values and etiquettes that are in tandem with national culture should become part of our education curriculum. Student should be publicly awarded in both character and learning,” they urged.

In addition, the summit which had General Martin Luther Agwai (Rtd), Professor Chidi Anselm Odinkalu, Professor Chris Kwaja, Honorable Sarah Reng Ochekpe, and Group Captain Sadeeq Garba Shehu (Rtd) as participants charged that:

“Community-based and structured reconciliation forum should be initiated to push for restorative justice in communities that are experiencing both intercommunal and ethno-religious conflicts.

“There should be more focus on programs for victims than perpetrators. The Government shall ensure security and welfare is primary in line with Section 14 2 (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

“Psycho-social healing for primary and secondary victims should be prioritized as material palliation. There is the need to set up trauma response centres across communities that have suffered terror and in places of worship. It is imperative to disaggregate trauma-healing nuggets in easily understood and used formats so victims can have access to the information and tools for their healing.”

Other participants at the event included: Dr. Mike Omeri, Mr. Chima Christian, Audu Adamu Maikori, Jibrin Samuel Okutepa, SAN, and Commissioner of Police, Kaduna State, Muhammad Rabiu, represented by ACP Badamasi Musa.

The place of digital rights— those human rights that apply to the digital world, including security, freedom of expression, privacy, access to information, and more — came to the fore between 27 to 28 January 2025 when DigiCivic Initiative, in partnership with Accountability Lab and the National Human Rights Commission trained judicial officers in the Federal Capital Territory.

The training was on digital rights, data privacy and data protection at the Digital Rights Innovation Lab Workshop. The program was an initiative to increase digital literacy within the justice sector so as to improve knowledge and the capacity of Judges and Magistrates on digital rights, privacy and emerging issues.

The 2-day event had in attendance, the Chief Judge of the Federal High Court, Judges from the Federal High Court, Judges from the High Court of the Federal Capital Territory, and the National Industrial Court of Nigeria.

The feedback from the exercise revealed the importance of digital literacy in Nigeria especially within the justice sector.

At the workshop, participants learnt technical terms, and salient principles on digital rights, such as Net Neutrality, access to the Internet, encryption, information technologies, censorship Prior Restraint, Cross-border transfer of data, Internet shutdowns, Network blocking and emerging issues like the right to the Internet.

The facilitator, Mojirayo Ogunlana, a Digital Rights expert in the West African region, took participants on the importance of the digital environment and the role of the Judiciary in interpreting and upholding existing laws related to online freedoms, reviewing government actions that might infringe on digital rights and hold tech companies responsible for digital rights violations.

The training objective was to increase awareness and understanding of digital rights among members of the judiciary, enhance their capacity to adjudicate digital rights cases and reinforce commitment to ethical data practices, to enhance their capacity for delivering rulings that protect access to information, privacy and freedom of expression in the digital space, and actively educate themselves on emerging digital technologies and their implications for human rights in the digital space.

The Honourable Chief Judge of the Federal High Court, Honourable Justice JT Tsoho while commending the Facilitator for the rich discourse on digital rights, observed that the right to be forgotten as a concept under the Nigerian Data Protection Act was quite intriguing and asked how one would know that their data has been removed as requested when dealing with data controllers and processors in a country like Nigeria where there are more 200 Million people to administer.

He emphasized the importance of creating awareness on digital rights for the masses so that they can better be positioned to protect their rights.

A man who supported and voted for Donald Trump to be the President of the United State of America is crying out for help after his Venezuelan wife was picked up by immigration officers. 

The U.S. Immigration and Customs Enforcement (ICE) raids were reportedly conducted across South Florida on Sunday, Jan. 26, as President Trump begins to make good on his promise to increase the deportation of undocumented migrants. 

One husband exclusively told CBS News Miami that his wife was taken during one of these raids in the Miami neighbourhood of Brownsville. 

“It’s despicable what they’re doing right now,” he said. “It’s very embarrassing.” 

The man told CBS News Miami that he wanted Mr. Trump to let his wife stay in the U.S., as their 11th anniversary is on Friday. 

When asked if she was in the process of getting her U.S. citizenship, the man told CBS News Miami that she was right in the middle of it. 

The man’s wife, who’s Venezuelan and has lived in the U.S. for a few years, had a court date set up and “everything was good” until that moment. 

“They just came and they snatched her,” the man said. 

The husband begged president Trump for mercmercy, saying: “If I get a chance to talk to you, man — please, man — let’s work something out. Let me keep my wife here in the United States. She deserves to be here.” 

Meanwhile, Americans on X are laughing at the man. 

Watch the video below.