Rabat – Former Minister of State for Human Rights and lawyer El Mostapha Ramid has said that DNA testing provides a reliable way to establish a child’s paternity in cases of extramarital birth.
“We can confirm the father-child relationship with certainty, just as we do with maternity, removing any confusion,” he announced.
Speaking at a scientific seminar in Casablanca on February 7, Ramid contrasted modern DNA testing with traditional Islamic methods, which sometimes rely on “qiyafa”, the judgment of lineage through physical resemblance.
He noted that while “qiyafa” served as a tool in the absence of other evidence, it offers only presumptive proof. DNA, on the other hand, provides definitive results. “Those who respect qiyafa should not oppose DNA testing,” he emphasized.
Ramid criticized legal practices that deny children recognition of their biological fathers due to the circumstances of their birth. He described such decisions as based on “weak or unreliable claims,” which unfairly burden children with consequences they do not deserve.
He questioned the logic of forbidding a daughter born from adultery to marry her biological father while denying him any paternity.
He stressed that children always belong to their mothers, even in cases of extramarital conception, but argued that fathers should be recognized when evidence allows, whether conclusive or presumptive.
“No child should carry a stigma for acts they did not commit. Recognizing maternity while denying paternity under the same conditions creates an inconsistency that the law should correct,” Ramid said.
Moroccan family law, he noted, generally attributes children to the marital bed if born within six months of marriage or within one year of separation.
This principle aims to protect family stability and preserve lineage, but it does not cover children born outside marriage. In those cases, the law must rely on other rules and evidence to establish paternity.
Ramid also referred to a landmark ruling by the Moroccan Court of Cassation (No. 375/1, April 15, 2025), which held a rapist responsible for damages to the child conceived through the crime.
He considered the ruling a progressive precedent, arguing that similar principles should guide cases of paternity outside marriage, with fairness and Sharia compliance as guiding standards.
“The law must protect children from stigma and ensure their rights, regardless of the circumstances of their birth,” he concluded.
