A CRITICAL APPRAISAL OF LEGITIMACY AND LEGITIMATION UNDER THE NIGERIAN FAMILY LAW

Student: Orobola Love Oladapo
Supervisor: Mrs Victoria Banke Olagbegi-Oloba
Co-Supervisor: Mrs Olamide Mohammed
HOD: Prof Olubayo Oluduro
Department of Law
Law
Adekunle Ajasin University, Akungba-Akoko, Ondo State

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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