Paternity Fraud and the Myth of Male Potency -By Esther Pius Ekong

From the year of our Lord, the societal myth that, “a man is never impotent and is polygamous in nature”, has ruined many men and homes. It has led to an increase in sexual immorality, which results in paternity fraud because it is often associated with married couples. The myth of the polygamous man, which society defends, is a destruction to another man’s home, who is also adjudged to be polygamous in nature. Why then do we lament over paternity fraud if the man is polygamous in nature, which aligns with the principle of Qui sentit commodum, sentire debet et onus.

Paternity fraud is a marital fraud because of Pater est quem nuptiae demonstrant. The joy of every married couple is to bear children without experiencing delay, except based on mutual understanding or factors beyond their control. If not so, after some months, the bride’s flat tummy is expected to start protruding, which is confirmation of the groom’s potency. Well, there is a whole lot of difference between sexual prowess and potency. Unfortunately, a man may have the physical strength for intimacy but lack the biological capacity to conceive a child, yet another who is rarely active might possess such potent fertility that a single encounter results in quadruplets.

Paternity is the quality, state, or condition of being a father, especially a biological one; fatherhood. Paternity fraud is when a woman intentionally attributes the paternity of her child to her husband, and the man in turn believes that he is the biological father of the child, or in some cases, children. In circumstances like this, the following factors are responsible: (i) The woman discovering her husband’s unknown state of impotency. (ii) To secure inheritance, fame and nobility. (iii) The woman’s dislike for her husband’s physical attributes (iv) Hatred and Revenge. (v) To evade societal pressure and humiliation from in-laws. (vii) Fear of polygamy (viii) Adultery e.t.c.

Another scenario is when a woman engages in sexual intimacy with multiple partners, including her spouse, about the same time, such that it is difficult for the woman to determine paternity. In this case, Mater semper certa est, pater numquam applies. Because the act was committed during the pendency of the marriage, her husband is deemed the father of the child. Therefore, he is the father because the mother said so.

Why paternity fraud? Most times, men do not understand that infertility can be both ways. Some men hide their infertility and pretend to be potent, while the woman endures endless psychological torture and humiliation from society and family. Some men conceal their infertility status and assume paternity of the children borne by their wives having failed to find a cure. They protect their ego and accept paternity. Others go to random girls to ascertain their potency. I must say that for those who are willing to conceive, it is not easy to accept the fact that they cannot bring forth a child.

There are factors that affect fertility in men and women. The awareness of fertility and infertility in the female child starts at the commencement of her menstrual cycle, while male child is left to believe that he is always potent. Every male child should be made to understand that sexually transmitted diseases (e.g., Chlamydia, Gonorrhea), Mumps (orchitis), Genetics (e.g., Klinefelter’s syndrome, cystic fibrosis), Chronic diseases (e.g., diabetes), Hormonal imbalance (endocrine) (e.g., low testosterone) etc., affects fertility. Accidents which caused trauma to the pelvic region and spinal cord injury are not let out. It can either be Aspermia (a man who is not producing sperm) or Azoospermia (low sperm production).

What can be done to manage this menace? Should there be a law to establish paternity before or after the birth of a child; or the victims of paternity fraud be compensated and to undergo therapy to manage the damage; or paternity fraud be made a criminal offence with severe punishment to curb the growing menace. Whatever the remedy, can it fully compensate for wasted time, years, resources, emotions etc.?

Two years ago, a seven months old pregnant lady brought a man to an Organisation I belong to because he refused to care for her. Upon enquiry, the man said he was not responsible for the pregnancy, while the lady insisted that he was the father of her unborn children (she delivered twins). This man mentioned the last time he had sexual intimacy with her, which the lady confirmed and showed pictures taken in his house with him in them. After the calculation, it revealed that the pregnancy ought to be four months not seven months. Realising this, the lady changed the story and mentioned another date and month. The man disputed it. While they were arguing, I did the calculation and it showed five months and two weeks. When I recommended a paternity test as the solution, the man agreed. The lady at first disagreed with the idea of the test, but later reluctantly agreed on the condition that it must be done in the hospital of her choice. We refused her condition. Two months later, she returned with her mother and the twins to persuade me into compelling the man to accept paternity of the girls without the test. When I refused and called the man to know why he failed to show up as agreed. He said he lost his wife and that the lady was responsible for her death. Till date, no paternity test has been carried out. Guess what? Another adjudged by the society to be polygamous in nature has accepted paternity.

The confidence that a man got his ex-girlfriend pregnant on several occasions is not a justification not to go for a test when confronted with infertility in marriage. Likewise, the woman who got pregnant several times for her ex-boyfriend and now faced infertility in marriage, would want to engage with her ex-boyfriend to know the source of the problem. Whatever discovery is made by both parties goes a long way to seal their fate.

Considering the increasing rate of paternity fraud, should we hold on to the potency of man and his polygamous nature? The enemy of man is another man.

Esther Pius Ekong, a legal practitioner, can be reached via, idangbenedicta@gmail.com