Michael Abrahams | Mandatory paternity testing at birth: pros, cons and considerations

The high paternity fraud/paternal discrepancy rate in our country is cause for concern, with ongoing research finding that one in five fathers in Jamaica is unknowingly assigned a child that is not biologically his. Our high rate has prompted a proposition that mandatory paternity testing should be performed at birth to detect discrepancies early, so as to avoid chaos and heartache later on. This proposal has sparked intense debate, with people expressing strong opinions supporting or rejecting it. If we are to consider such a practice, it should be discussed dispassionately, examining the pros, the cons and pertinent considerations.

A major pro is that mandatory paternity testing at birth can avert distress and family disruption down the road. Early discovery also has other benefits. It can be financially beneficial to the man being falsely assigned the child, as it may relieve him of the financial cost of raising a child or children, which can be enormous. Early testing can also clarify inheritance matters and help avoid confusion when determining the risk of the child having certain genetic disorders.

Only one country, Kuwait, demands mandatory DNA testing at birth, not because of paternal discrepancy, but as a counterterrorism measure, where the DNA of every child born there is stored in a database, so it can be matched with DNA retrieved from certain crime scenes. In our situation, the argument can be made that “desperate times call for desperate measures”, as the rate of paternal discrepancy in our country is unacceptably high. The argument can also be made that mandatory testing would be a deterrent, at least to some women, because if they know that testing will be done, they would think twice about trying to give a man a ‘jacket’. Such testing may also benefit women by holding men who try to disown their biological children accountable.

NEVER DISCOVERED

However, there are cons to mandatory testing at birth, too. Many cases of paternal discrepancy are never discovered. However, if testing is mandatory, the potential for severe and widespread family upheaval is significant. Paternity testing in Spain and Germany is illegal for this reason. Also, we live in a violent and aggressive society that is not very skilled at conflict resolution, and our women are not exempt from being victims. According to a report from the UN Office on Drugs and Crime, Jamaica has the second-highest rate of femicide (the intentional homicide of females) in the world, with 11 per 100,000 recorded in 2017. The femicide epidemic threshold rate established by the World Health Organization is 10 murders per 100,000. So, our data indicates that Jamaica is at an epidemic level. Another study found paternal discrepancy to be the number two cause of murder-suicide in our country.

Another con is that paternity testing can place a child in the position of being fatherless. For instance, if the test indicates that the proposed man is not the father and he disappears, and the biological father is not around or is unable or unwilling to play a paternal role in the child’s life, or if the mother remains unsure who the biological father is, that child may grow up with no father. Or the mother may decide to assign the child to the biological father, who may be abusive to not only the mother but the child as well. There are also some men, such as those who are unable to impregnate a woman, who would welcome a jacket and would rather not have the test done. As a result, excluding them as the biological father would force them to face a harsh reality that may create tension and discomfiture. The result can also open a can of worms, leading to testing of other family members, creating tension in such families.

PERTINENT QUESTIONS

In addition to weighing the pros and the cons, there are many factors to consider and pertinent questions to be asked regarding feasibility, practicality and ethical concerns. For example, if the tests are to be mandatory for the over 30,000 babies born in this country every year, the cost would be significant. Who would pay for this? Would it be more appropriate to allocate these funds to more pressing needs in our society? And if testing is mandatory, counselling will be required. Do we have the resources to provide such counselling and also deal with the possible fallout from the practice, such as a likely uptick in cases of battered women? How likely is it that every baby and father will be reached for testing, such as babies born at home in rural areas and proposed fathers who are overseas or do not make themselves available for testing? There is also the possibility of error. How would this be dealt with?

There are also ethical and privacy concerns. Making the test mandatory can be seen as an infringement on the privacy and autonomy of the mother and the proposed father. Informed consent is a critical component of medical ethics, but mandatory testing would bypass this. Such a policy would also create an air of mistrust, where the fidelity of every woman in the country is doubted and they are treated as ‘guilty until proven innocent’, and not vice-versa. Such a policy would also foster governmental overreach into the private lives of its citizens. And if this becomes policy, the names and results will be stored in databases. Data breaches, hacking and unauthorised sharing of such sensitive information could result in embarrassment and stigmatisation. Can the Government ensure that the privacy of those being tested will be protected?

Not immediately advocating for mandatory testing does not equate to letting women who are guilty of paternity fraud off the hook. Instead, the decision should be made based on research findings, data and consultations with mental health professionals, sociologists, anthropologists, social workers and others with the appropriate knowledge and experience in this area to determine if the benefits outweigh the risks and decide how best to tackle this serious issue.

Michael Abrahams is an obstetrician and gynaecologist, social commentator, and human-rights advocate. Send feedback to columns@gleanerjm.com and michabe_1999@hotmail.com, or follow him on X , formerly Twitter, @mikeyabrahams.