COMMENT: Paternity fraud is a crime: It’s time the law said so

THE revelation in this publication on Monday that 60 percent of paternity tests in Zimbabwe are negative is a sobering indictment of a deeply damaging problem.

Paternity fraud — the deliberate misrepresentation of a child’s biological father —is a betrayal that erodes trust, burdens innocent men and undermines society. In light of this, the Government must act decisively by recognising it as a criminal offence.

This crisis isn’t unique to Zimbabwe. Global statistics show it’s a hidden problem, with rates of 34.6 percent in Jamaica and 30 percent in Nigeria. Even in the UK, where general rates are lower, they rise to 20 percent when paternity is disputed.

While no country mandates paternity testing at birth, Kuwait’s compulsory DNA registration demonstrates that large-scale collection for civil purposes is feasible.

Introducing mandatory testing at birth would protect men from deception and safeguard children’s rights to know their true parentage. It would promote transparency within families and reduce legal disputes over custody and inheritance. However, the most formidable challenge is the cost.

Requiring tests for every new-born would create an enormous financial burden, with the Government needing to subsidise or fully fund them. This requires careful consideration of who pays and how such a programme would be financed.

Which leaves us with one option — the legal route. In Zimbabwe, the legal system at present treats the consequences of paternity fraud primarily as a civil matter.

A falsely accused father may challenge a maintenance order in court and sue for restitution to recover money paid under false pretences. While this offers some financial redress, it fails to confront the seriousness of the initial deception.

Civil law is designed to compensate the victim for damages, but it does not punish the wrongdoer for the harm inflicted on society as a whole.

This is precisely why a new criminal statute is urgently needed.

The act of knowingly and intentionally deceiving someone about a child’s paternity is not merely a financial dispute — it is a malicious and fraudulent act.

Criminalising paternity fraud would empower the state to prosecute offenders, sending a clear and unequivocal message that such deception is a serious offence. It would not only deliver justice to the victim but also act as a powerful deterrent to others.

In the absence of criminal legislation, the act is treated as a private wrong, and perpetrators often escape any meaningful punishment beyond repaying the money they unlawfully obtained.

This lack of accountability allows the betrayal to persist unchecked.

The evidence is overwhelming: paternity fraud is real, rampant and ruinous. The solution is clear. Mandatory paternity testing at birth and the criminalisation of paternity fraud are essential steps to protect the rights of fathers, the identity of children and the integrity of families.

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