THE ROLE OF DNA TESTING IN RESOLVING PATERNITY DISPUTES UNDER THE MATRIMONIAL CAUSES ACT

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Abstract
The determination of paternity has long been a sensitive and legally significant issue in matrimonial proceedings, particularly in cases involving custody, maintenance, and legitimacy of children. With the advent of modern scientific methods such as DNA testing, the resolution of paternity disputes has evolved from reliance on presumptions and circumstantial evidence to verifiable biological proof. This study critically examines the role of DNA testing in resolving paternity disputes under the Nigerian Matrimonial Causes Act (MCA) Cap M7 Laws of the Federation of Nigeria 2004. It explores the extent to which Nigerian courts have accepted and applied DNA evidence in matrimonial proceedings and whether existing legal frameworks adequately support its use. The research is doctrinal and analytical, relying on statutes, judicial decisions, textbooks, and scholarly articles. It examines the provisions of the Matrimonial Causes Act and the Evidence Act 2011 to determine the admissibilityand evidential value of DNA testing in establishing paternity. Furthermore, the study analyzes the judicial attitudes toward scientific evidence in Nigerian courts and compares the Nigerian position with that of other jurisdictions, notably the United Kingdom, South Africa, and India. Findings reveal that while Nigerian courts recognize DNA testing as credible expert evidence, statutory and procedural gaps within the Matrimonial Causes Act hinder its consistent application. The study emphasizes the need for legislative reform to expressly incorporate DNA testing provisions, ensuring fair, accurate, and child-centred outcomes in matrimonial disputes. The research concludes that integrating scientific evidence within Nigeria’s family law framework will enhance the administration of justice, uphold the best interests of the child, and strengthen public confidence in the judicial process
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