DNA-Based Paternity Tests in Islamic Family Law?: Judicial Recognition and Then Reversal by Moroccan Courts

A child born out of wedlock is typically not entitled to paternity recognition in Morocco. In an unprecedented move, the First Instance Family Court in Tangiers recognized the familial relationship connecting a father to his biological daughter. The Court also required the man to pay 100,000 MAD (10,500 USD) to the child through her mother for the material and moral harms caused to the child from denial of paternity or familial relations. The defendant appealed the judgment. On October 9, 2017, the Tangiers Court of Appeals overturned the First Instance Court decision, rejecting the DNA tests and any recognition of familial relation. The Court also invalidated the lower court’s use of international conventions, explaining that the child is so foreign to her father that the possibility of their future marriage would not be overruled.

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