Online Reporter
Gibson Mhaka, Senior Features Writer
ALTHOUGH Deoxyribonucleic Acid (DNA) testing has transformed the justice system by offering a scientific method of establishing biological relationships and resolving paternity disputes, growing concerns are emerging that children are increasingly becoming unintended victims in the process.
While such tests are often introduced in cases of mistrust between partners, the rising demand for paternity verification is exposing a troubling social cost, with children bearing the emotional and psychological burden of the outcomes.
Investigations show that once DNA results are released, some children are subjected to neglect, emotional abuse, and in extreme cases are left without stable homes as relationships collapse and families disintegrate.
The fallout, observers say, is leaving a growing number of minors vulnerable and displaced.
With reports indicating a sharp increase in Zimbabwean men seeking paternity tests, fears are mounting that the trend could fracture families and leave deep psychological scars on children.
Legal experts, parliamentarians and child rights advocates warn that DNA outcomes are not only reshaping family structures but, in some cases, relieving fathers of perceived responsibility, effectively dismantling support systems for children.
Recent high-profile cases have brought the issue into sharp focus. In Bulawayo, a medical doctor sued his former partner for US$163 000 after discovering through DNA testing that a child he had supported for 11 years was not biologically his.
In another development, a Bulawayo magistrate referred a contentious paternity and maintenance matter to the Constitutional Court, setting the stage for a landmark ruling on whether a man can be jailed for failing to pay child maintenance before paternity is scientifically established.
The dispute erupted at the Western Commonage Court after Sinini Ndlovu challenged maintenance proceedings brought by Nomalanga Tshuma, who claims he is the father of her two children. Faced with the threat of imprisonment under Section 23 of the Maintenance Act, Ndlovu approached the court arguing that enforcing maintenance without proven paternity violates constitutional protections.
Magistrate Bethel Negato ruled that the constitutional questions raised were not frivolous and referred the matter to the Constitutional Court.
The case has intensified national debate over disputed paternity, with legal observers saying it reflects a growing wave of similar conflicts across the country.
A recent report by Global DNA Zimbabwe indicates that 72 percent of men tested were found not to be biological fathers of the children in question, while the National University of Science and Technology’s
Applied Genetics Testing Centre recorded 37 negative results out of 97 cases last year.
Parliamentary debate enters the conversation
The issue has also found its way into Parliament, where lawmakers earlier this year engaged in heated debate over proposals to introduce mandatory DNA testing before the issuance of birth certificates.
A proposal advanced by Spencer Tshuma, Member of Parliament for Gokwe-Kabuyuni, sparked widespread discussion after he argued that scientific verification of parentage at birth could reduce future disputes over child maintenance and inheritance.
“Yes, a DNA test must be conducted before the child’s birth certificate is issued,” he told Parliament during debate.
Mr Tshuma argued that the absence of mandatory verification has left families exposed to disputes that often emerge years later, sometimes after fathers have already invested emotionally and financially in raising children.
The proposal triggered national debate on issues of privacy, family law, and child protection, with critics warning it could further complicate already sensitive family dynamics.
The growing legal debate
Beyond the personal tragedies unfolding in homes and courtrooms, the DNA debate has emerged as one of the country’s most significant legal and parliamentary issues.
What began as a scientific tool for resolving paternity disputes is increasingly testing the boundaries of constitutional rights, family law and child protection policy.
With lawmakers debating possible legislative reforms and the Constitutional Court poised to pronounce itself on key questions relating to paternity and maintenance obligations, the issue now sits at the centre of a broader national conversation about justice, responsibility and the welfare of children in modern Zimbabwe.
Child rights concerns
While the legislative debate continues, child rights advocates said the central issue remains the protection of children caught in adult disputes.
Lawyer from Justice for Children Zimbabwe, Ms Pamela Musimwa, said DNA testing can both protect and undermine children’s rights depending on how results are handled.
“In Zimbabwe, the guiding principle should always be the best interests of the child, as protected under the Constitution of Zimbabwe, the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child,” she said.
Ms Musimwa said DNA testing can assist courts in determining identity, maintenance obligations and inheritance rights, but warned that it is often misapplied in ways that harm children.
“DNA results are sometimes treated as automatically ending parental responsibilities, yet emotional and social bonds are ignored,” she said.
Magisterial perspective
Speaking on the general rise in contested paternity and maintenance disputes, a magistrate who requested anonymity for professional reasons said courts are increasingly being drawn into emotionally charged family matters that require a careful balance between the rights of the child and the constitutional rights of the parties involved.
The magistrate said such cases must always be handled with caution, stressing that the welfare of the child remains central in all judicial determinations.
“Courts are often faced with difficult paternity and maintenance disputes where emotions run high.
However, the guiding principle in all these matters is the best interests of the child.
“Even where paternity is contested, the child must not be made to suffer or be left without support pending final determination,” the magistrate said.
The magistrate added that where DNA testing is ordered, courts must ensure that children are not destabilised before legal clarity is reached.
“Where DNA tests are ordered, there must be safeguards to ensure that children are not abruptly abandoned or deprived of support while proceedings are still ongoing.
“The courts have a duty to maintain stability in the child’s life until the matter is conclusively resolved.”
Psychological impact
Ms Musimwa warned that the psychological impact on children can be profound.
“Immediately, children may experience shock, confusion, rejection and loss of trust. In the long term, they may suffer identity crises, depression and difficulties forming relationships,” she said.
Ms Musimwa added that children suffer more from family breakdown than from biological revelations themselves.
Safeguards and systemic gaps
Ms Musimwa called for stronger safeguards, including continuation of maintenance until courts make final rulings, mandatory counselling and mediation, and protection against sudden withdrawal of support.
She also urged reforms to distinguish biological from social parenthood, saying courts must always prioritise the child’s welfare.
Child protection advocates, human rights lawyers and social workers have echoed similar concerns, warning that DNA disputes are increasingly becoming a silent social crisis.
Growing concern among experts
Human rights lawyer Cephas Mpofu said the issue raises broader constitutional concerns beyond family disputes.
“From the child’s perspective, it affects identity and access to legal documentation,” he said.
Social worker Ms Duduzile Mhlanga urged Parliament to prioritise child welfare in all legislative and policy reforms relating to paternity disputes and DNA testing.
She warned that while DNA testing plays an important role in establishing biological truth, its social and emotional consequences on children are often overlooked.
“DNA testing, although useful in establishing biological parentage, can permanently alter family relationships and expose deeply private matters that were once confined to the home.
“In many cases, children become the unintended victims of disputes between adults, suffering emotional trauma, rejection and uncertainty about their identity.
“Parliament must therefore ensure that any legal reforms arising from paternity disputes place the welfare, dignity and best interests of the child at the centre of every decision,” said Ms Mhlanga.
Legal and policy significance
Against this backdrop, the unfolding debate on DNA testing has become a rare intersection of law, policy and social protection, making it a compelling subject for both legal and parliamentary scrutiny.
From constitutional questions before the courts to legislative proposals in Parliament, the issue is increasingly shaping national discourse on family law, child welfare and human rights.
Legal practitioners say the matter raises complex questions on the balance between biological truth and the best interests of the child, while lawmakers are being forced to grapple with whether existing statutes adequately protect vulnerable minors in an era of rapidly advancing genetic science.
As such, the debate is not only shaping courtroom arguments but is also influencing policy thinking at the highest levels of the State, underscoring its significance as a defining legal and parliamentary issue of the moment.
A silent crisis unfolding
Legal experts, parliamentarians and child rights advocates warned that while DNA testing provides
scientific certainty, its social consequences can be profound, destabilising families and leaving children as the most vulnerable casualties of disputes between adults.
As Zimbabwe grapples with a growing demand for paternity testing, the debate has evolved beyond questions of biology and legal responsibility to encompass broader concerns of child welfare, human rights and social protection.
Increasingly, calls are mounting for a child-centred approach that balances scientific truth with the best interests of the child, ensuring that no minor is left abandoned, stigmatised or deprived of care because of circumstances beyond their control.
For many observers, the challenge facing the nation is no longer simply establishing who a child’s biological father is, but safeguarding the rights, dignity and future of children caught in the crossfire of adult conflicts.
