Bahrain’s High Sharia Court has delivered a judgment disestablishing the legal paternity of five children from a Bahraini man’s ex-wife, after conclusive DNA evidence revealed he is not their biological father.
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The court ordered the annulment of all official records linking the man to the children, directing the Information and eGovernment Authority and the General Directorate of Nationality, Passports, and Residence to update their databases accordingly.
The plaintiff, represented by prominent attorney Ibtisam Al Sabbagh, had been married for nearly four decades and raised the children as his own. However, a health condition that resulted in infertility prompted further investigation, leading to DNA tests conducted by the Public Prosecution’s Forensic Lab. The tests found no biological relationship between him and any of the five children.
In its ruling, the court stated that the genetic evidence “holds absolute legal and religious authority,” thereby overriding prior presumptions of paternity based on marital status.
“When scientific proof reveals a biological impossibility, the presumption of paternity under Islamic law must be set aside,” the court declared, citing principles derived from Ja’fari jurisprudence, which conditionally upholds paternity through acknowledgment and testimony unless contradicted by irrefutable evidence.
“This is not just about the law; it’s about truth,” said attorney Al Sabbagh. “Despite the years he spent believing he was their father, the biological reality has now been confirmed, and with it comes legal clarity.”
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