Deoxyribonucleic acid test results in both paternity cases and assisted reproductions: rebuttals of the presumption of legitimacy under Section 165 of the “Nigerian Evidence Act”, 2011?

Abstract

Section 165 of the Nigerian Evidence Act, 2011, presumes the legitimacy of a child given birth to during the existence of a valid marriage between the mother of such a child and any man, or within 280 days after the dissolution of any such marriage - if the mother remains unmarried after the dissolution of the marriage. Being a presumption, the legitimacy of such a child may be displaced upon adducing credible evidence to prove that the child is not fathered by the man during the continuance of the marriage or within 280 days immediately after the dissolution of the marriage. This Article therefore, discusses the use of Deoxy Ribonucleic Acid tests results to rebut the presumption of legitimacy in Section 165 of the Evidence Act using paternity cases and In Vitro Fertilization of embryos, particularly where there are medical mistakes or malpractices by clinicians and embryologists. Keywords: Deoxyribonucleic Acid; Paternity; In Vitro Fertilization; Presumption; Evidence Act