When reality poses its questions to the Family Code: Parentage between forensics and genetic expertise
In the pavilion of the Ministry of Justice, alongside the activities of the Rabat Book Fair, a thought-provoking and legal seminar was held on “The Family Code between reality and legislative updates: An analytical approach,” with one of its most prominent topics being the question of parentage, which continues to be urgently raised in public discourse, not due to its strangeness but because of the complexities that intersect laws with religious texts, and rights with reservations.
Ms. Zahra Lahr, a lawyer at the Casablanca Bar and a member of the previous advisory committee for reforming the code, was among the bold voices at this seminar. She strongly raised the issue of relying on genetic testing (DNA) to prove parentage, questioning: How is it possible to exclude a scientifically recognized method that provides a high degree of certainty, while clinging to traditional means that may sometimes be questionable or arbitrary?
She went even further by comparing genetic expertise with the science of forensics mentioned in the prophetic tradition, reminding that jurists in ancient times did not hesitate to rely on apparent resemblance as evidence of lineage. So, how can we today hesitate towards a precise and advanced scientific proof, at a time when family disputes are rampant and forms of relationships have changed?
Lahr’s remarks are not isolated from broader questions; rather, they are at the heart of the current societal debate surrounding the amendments that will affect the Family Code and to what extent this text will escape the curse of the struggle between conservative and progressive currents.
The seminar provided an opportunity to raise significant questions about the Family Code: Will the new formulation reflect the reality of Moroccan families? Will it truly protect the rights of women and children? And is it time to liberate it from hesitation and apprehension towards science, especially when it serves justice and dignity?
Reality demands attention, and legislation must listen.
