Canonical Presumption of Spousal Paternity: A Perspective from the Nigerian Context

Abstract

The presumption of paternity in the 1983 Code of Canon Law (canon 1138) states that the father of a child is the one identified through a lawful marriage, unless clear evidence proves the contrary. However, cases of contested paternity, such as a presumed father discovering he is not the biological father due to circumstances like extended absence or DNA evidence, pose significant pastoral challenges. These situations can devastate families, threatening marriage stability and family peace. This article explores the Church’s teachings on marriage, paternity, and family, offering a canonical-pastoral approach to support parties in affected marriages. It provides guidance for pastors and counsellors navigating these complex situations, emphasizing compassion, truth, and the indissolubility of marriage.