A CRITICAL APPRAISAL OF LEGITIMACY AND LEGITIMATION UNDER THE NIGERIAN FAMILY LAW
Abstract
This thesis explores the historical development, present legal framework, and societal
ramifications of the concepts of legitimacy and legitimation in Nigerian family law. The study
tackles the ongoing issues that illegitimate children deal with, such as prejudiced laws, restricted inheritance rights, and social stigma. The aim of this study is to assess how well
the rights and welfare of impacted children are safeguarded by the various legitimation
procedures now in place, including subsequent official marriage, customary marriage, and
acknowledgement. In order to find holes in the existing legal framework, the research uses a
doctrinal research technique that thoroughly analyses statute provisions, case law, and
customary practices. The study also seeks to evaluate the effects of legitimacy laws on child
custody, maintenance, and inheritance rights. Additionally, the psychological and social
implications for children who are considered illegitimate will be investigated. By evaluating
Nigeria's legitimation legislation critically in light of global human rights norms, the
research will make recommendations that are in line with the child's best interests. Some
likely recommendations of this study are legislative reforms to end discriminatory practices, strengthen the acknowledgement of children's rights regardless of birth circumstances, and
expedite the legitimation procedures in order to guarantee that every child in Nigeria has
equal protection under the law.
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