Can another man claim my 13 years old boy without the support of the mother and the child ?

In Nigeria

Last Updated: Sep 12, 2025

Thirteen years ago my girlfriend said I'm responsible for her pregnancy, I accepted it and take responsibilities of the child's birth, health, academics and total welfare of the child till now which make the boy thirteen old. But now another man come to claim the child now as his own child, but the mother don't agreed with him, please what should I do if the Man go to court with DNA test results that confirmed his request?

Answers (2)

Posted Fri, Sep 12, 2025 5:08 PM

This is a very dicey situation. You guys are not married, so no protection for you. If the man is confident and asks for a DNA test, your efforts all through the years will go down the drain. Marriage not only protects women, it protects men as well.

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Posted Fri, Sep 12, 2025 6:20 PM

Under Nigerian law (and in many jurisdictions), this makes you a legal father by conduct (sometimes called “presumption of paternity” or “psychological father”), even if you are not the biological father.


2. The Other Man’s Claim

If another man comes forward with DNA evidence, the court will accept it as proof of biological paternity.

However, being a biological father does not automatically terminate your relationship with the child, especially after 13 years.


3. Best Interest of the Child Principle

Nigerian courts decide child custody and welfare issues based on the “best interest of the child” (see Child’s Rights Act 2003, Section 1).

At 13 years, the boy’s opinion may also be taken into account. If the child sees you as his father, the court will consider this heavily.


4. Possible Outcomes in Court

Custody & Welfare: Even if DNA proves the other man is the biological father, the court may not hand over the child to him immediately, especially if the boy has bonded with you.

Parental Responsibility: The biological father may be granted some rights (like access/visitation), but your role as the primary father may still be recognized.

Financial Responsibility: The court could share responsibilities or adjust them, but they will not ignore 13 years of your commitment.
 

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