REFLECTING ON PATERNITY AND DNA ISSUES IN BOTSWANA
There has been a tense nationwide debate in the media, with public outrage intensifying, particularly men who have cared for and taken care of children for years, only to shockingly discover that they raised children who were not biologically theirs. Many are now calling upon the government to make DNA testing compulsory at birth, arguing that this would help prevent such painful revelations in the future. While this proposal might seem beneficial at first glance, it also comes with implications that require careful reflection. This article seeks to address the implications that might arise from implementing compulsory DNA testing at birth.
CURRENT LEGAL FRAMEWORK ON PATERNITY IN BOTSWANA
Sometime in 2023, Parliament turned down a motion proposing mandatory DNA testing at birth, and to date no further motion has been tabled on this issue. As a result, DNA paternity testing still remains non-mandatory in Botswana, however where paternity is in dispute a Court Order can direct that it is conducted. Section 4 of the Affiliation Proceedings Act provides that a complainant seeking a paternity order shall make an application at anytime before or within 5 years of the birth of the child. It has been overemphasized by Courts that the decision to order paternity tests should be guided by the best interests of the child as mandated by Section 5 of the Children’s Act.
In the recent case of MN and WN in Re MN and WN[1], the purported father of a minor child approached the Court seeking an order directing that a paternity test be conducted on a minor child he had been taking care of under the belief that the child was biologically his. In granting the Order, Kebonang J held that it is in the best interest of the child to grow up knowing both of his or her biological parents. The Court emphasized that such knowledge is fundamental to a child’s psychological and emotional development.
POTENTIAL IMPLICATIONS OF MANDATING DNA TESTING AT BIRTH
Introducing mandatory DNA testing at birth, though advantageous, may come with negative implications. On the positive side, it has the potential of reducing cases of paternity fraud and preventing unfortunate and devastating issues where fathers take care of children who are not theirs and discover after a while. For children, it would be beneficial in knowing their true identity in the early stages of their lives thus preventing confusion and ensuring the enforcement of their rights to be cared for by their true fathers and to inherit from them. However, for parents, the revelation of unexpected paternity results can lead to emotional turmoil and relationship breakdowns. It has the potential of infringing individuals’ rights to privacy and the ability to make independent decisions concerning their bodies. Similarly, this shift would place an additional cost on the government since better facilities accommodating DNA testing in hospitals would have to be set up, this would include making DNA testing facilities accessible at all health posts throughout the country. Those who argue against mandating DNA testing at birth assert that it would be an unnecessary overreach of the government in people’s personal affairs.
SUMMATION
Despite the ongoing debates concerning DNA testing, it remains non-mandatory at birth to date. While making it mandatory could be beneficial in addressing issues of paternity fraud, it comes with financial, ethical and legal implications some of which are not positive. It is vital that, should the government decide to table a new Bill mandating DNA testing, it should be alive to the potential impacts that it might have, be it positive or negative.
Article by Boitumelo Namayammu
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Disclaimer: This article is for information only and should not be taken as a legal advice.
[1] MN and WN in Re MN and WN, Case No MLHGB-000044-23 (Unreported)
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