A child born outside marriage does not automatically make a man the legal father, Deputy Attorney General Diana Asonaba Dapaah has explained.
Her comments highlight how Ghanaian law handles paternity when parents are not married. The issue can affect parental responsibility, maintenance, custody and inheritance.
Under Ghana’s Children’s Act, 1998, the law provides ways to establish the parentage of a child. A Family Tribunal can also determine disputed parentage.
Child born outside marriage requires legal parentage
Diana Dapaah’s explanation draws attention to an important distinction between biological and legal fatherhood.
A man may believe he is the biological father of a child. However, the law still provides procedures for confirming parentage where questions arise.
The Children’s Act gives a Family Tribunal jurisdiction over parentage, custody, access and maintenance matters.
Therefore, disputes do not have to remain unresolved between the parties.
The law also allows several people to apply for an order confirming a child’s parentage. These include the child, a parent, a guardian, a probation officer and a social welfare officer.
An interested person can also make an application under the law.
Ghana law provides ways to establish paternity
Ghanaian law recognises several forms of evidence when determining parentage.
The Family Tribunal can consider the name recorded in the birth register. It can also consider whether the alleged father performed a customary naming ceremony for the child.
Public acknowledgment of parentage can also provide evidence.
Additionally, a person’s refusal to undergo a medical test can become relevant to the case. The tribunal can order an alleged parent to undergo a medical test when necessary.
This process can help settle disputes where one party denies biological parentage.
The Registration of Births and Deaths Act, 2020 also places safeguards around disputed paternity. Where paternity remains in doubt, the alleged father does not simply become the registered father automatically.
Child born outside marriage still has legal rights
Being born outside marriage does not remove a child’s legal rights.
Ghana’s legal framework protects children regardless of whether their parents married. The law also recognises parental responsibilities toward children.
Section 47 of the Children’s Act places a duty on a parent or legally responsible person to provide necessities such as health, education and reasonable shelter.
The law therefore focuses on the welfare and rights of the child.
A child can also seek legal determination of parentage through the Family Tribunal. The process can become important when questions affect maintenance, custody or family relationships.
Paternity disputes can reach the Family Tribunal
The Family Tribunal provides a formal route for resolving disputes involving a child born outside marriage.
It can determine parentage and also address related issues such as custody, access and maintenance.
The tribunal must consider the best interests of the child when deciding custody or access matters. It can also consider the child’s age, views and the importance of keeping siblings together.
This approach places the child’s welfare at the centre of family disputes.
Meanwhile, the law allows maintenance claims where a child’s father has been identified. Such orders can cover important needs during the child’s development.
Why the explanation matters to Ghanaian families
The Deputy AG’s explanation comes amid growing public discussions about paternity, parental responsibility and DNA testing in Ghana.
Paternity disputes can create serious tensions between parents and families. They can also affect a child’s identity and access to parental support.
Recent public debates have increased calls for clearer procedures around paternity confirmation. However, existing Ghanaian law already provides mechanisms for determining parentage through the Family Tribunal.
Ultimately, the law does not treat marriage as the only issue in determining a child’s rights.
Instead, it provides legal processes to establish parentage and protect the child’s interests.
For families facing paternity disputes, the explanation offers an important reminder. Legal fatherhood should not simply rest on assumptions when the facts remain disputed.
Source: GhanaWeb
