No man is automatically the father of a child born outside marriage – Deputy AG explains

The Deputy Attorney General and Minister of Justice, Dr Justice Srem-Sai, has explained that there is no presumption in law that a man is the father of a child born to a woman who is not his wife, even if he is the only man known to have had sexual relations with the woman around the time of conception.

According to him, a man who wants to be recognised as the father of such a child must take steps to establish that reputation, either before the child is born or at any time after the birth.

In a Facebook post on Saturday, September 12, 2026, Dr Srem-Sai explained that under customary law, a man may establish his reputation as the father by presenting prescribed drinks or other gifts to the family of the child’s mother.

He noted that the nature of the gifts varies depending on the customs of the particular community.

“By accepting the gifts, the mother of the child is taken as having accepted that particular man as the man who authored the pregnancy and, thereby, as the father of the child,” he stated.

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Dr Srem-Sai, however, stressed that the acceptance of such gifts does not constitute conclusive proof of paternity but only creates a presumption that the man is the father.

He explained that the presumption, like the one that may apply in favour of a husband, can be rebutted by evidence to the contrary.

“Such acceptance, however, amounts only to a presumption that he is the father of the child. This presumption, too (like the one in favour of a husband-father), may be set aside by evidence to the contrary,” he indicated.

He further noted that in some other jurisdictions, a man would only be entered on a child’s birth register as the father after a DNA test has confirmed his paternity.

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