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Will you include a non-biological child in your Will?

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In a heart-wrenching story of Mr. Kola, a 44-year-old man from Ikire in Osun State, Southwest Nigeria, found himself in a devastating situation when a DNA test conducted on his four children revealed that he is not their biological father. This emotional revelation unfolded during a live broadcast on Agidigbo FM in Ibadan, Oyo State, as part of a program called ‘Kokoro Alate,’ which was hosted by Oriyomi Hamzat.

Mr. Kola and his wife, Toyin Arike, had been married for over 16 years and had four children together – Ayomide, aged 16, Sarah, aged 12, and two younger children, aged 8 and 5 respectively. The couple had shared a life filled with love, laughter, and the joy of raising their children, until the shocking truth emerged.

The revelation came about when DNA tests were conducted on all four children at the DDC DNA Diagnostic Center in Alakoko, Osogbo. The results of the DNA tests were nothing short of a bombshell – they showed that Mr. Kola is not the biological father of any of the children, leaving him devastated and emotional during the live radio interview.

The laws concerning paternity and DNA testing vary from one jurisdiction to another, but there are some common implications that can be observed:

Legal Paternity: In many legal systems, a man who is married to the child’s mother at the time of the child’s birth is presumed to be the legal father of the child. This presumption can be disproved through DNA testing that proves he is not the biological father.

The results of a DNA test indicating that a man is not the biological father may have implications for child custody and child support arrangements. Courts may use DNA evidence to determine whether the man has legal obligations for child support.

Some jurisdictions provide a legal process for a man to disestablish paternity if DNA testing proves he is not the biological father. This can be a complex legal procedure, and it may vary depending on the specific laws of the jurisdiction.

In most child custody cases, courts typically prioritize the best interests of the child. Even if a non-biological father is not legally obligated to pay child support, the court may still consider his relationship with the child and the impact on the child’s well-being.

This story, while heartbreaking, is not an isolated incident. Instances of DNA test results revealing unexpected paternity have become increasingly common in recent years. There are numerous factors that may contribute to this rise, including the growing availability and affordability of DNA testing services, as well as heightened awareness of the technology’s accuracy in determining biological relationships. However, it’s crucial to consider the legal implications of such revelations.

The surge in requests for DNA tests, as noted by a medical practitioner, remains a subject of curiosity and concern. It is indeed a phenomenon that has gained momentum over the past decade. The reasons for this surge could be multifaceted, including an increased awareness of the availability and accuracy of DNA testing, a desire for transparency and certainty in family relationships, and perhaps even the influence of societal changes and norms.

Furthermore, discussions with some of my legal colleagues have revealed a growing trend where men are increasingly inclined to include DNA testing as a precautionary measure before drafting their Wills and Estate planning. This precaution reflects the evolving landscape of ancestral relationships and underscores the significance of DNA testing in modern legal practices.

So my question is, will you include a non biological child in your Will?

 

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