The Genetic Panopticon: Why Ghana’s Mandatory Paternity Bill is a Global Outlier. (Trust, Not Tests-A Critique of the Proposed Mandatory Paternity Legislation.)

Abstract

This article provides a critical analysis of the proposed mandatory paternity legislation introduced in the Parliament of Ghana in early 2026. The proposed Private Member’s Bills seek to mandate DNA testing as a prerequisite for birth registration and to criminalize "paternity fraud." This study contends that such measures represent an unprecedented state overreach that undermines the "presumption of legitimacy" established under the Evidence Act 1975.
Through a comparative jurisdictional lens, the article examines the legal frameworks of seven advanced economies including France, Germany, and the UK revealing that Ghana’s proposal is a global outlier that prioritizes forensic truth over family stability and the "best interests of the child." The author concludes by recommending a shift toward voluntary mediation and the strengthening of existing family tribunals rather than the implementation of state-mandated genetic surveillance.