Recently had a light chat with my mom.In the course of the discussion, we swerved to talks about culture as regards paternity of kid(s).That's when she revealed a current paternity case currently going on with one of her good friend.

The son of this woman had pregnanted a young girl(23 years??) and denied the pregnancy. In fact, he first advice she aborts the baby,unfortunately her aunt was quick to notice all the preggy symptoms of the niece under her care.

The young man was called to know what's to be done about the pregnancy, which he denied outright.

Fast forward few months later,the aunt who owns a clothe line had an encounter with a customer from the west who asked after the niece(guess he had eyes on her too), only to be told she is carrying unwanted pregnancy.

To cut the stories short,he married her with the pregnancy .All the rites paid and settled.

Now here is the issue,prior to getting married to the girl,the father of the girl explained he now has the right as a father to the unborn child by culture.

Now,my moms friend just find out through her son that he has a love child outside,a son.There's a serious legal battle to claim the child.The family has vowed to take bavk the child by all means possible.The father of the girl alerted his son in law about the development, and he has secretly made preparations to jet his now pregnant Igbo wife and "his" child out of the country to join him permanently in Europe.The son bears his name too.

Who wins this battle?

Culture or legal law?

Which one is LEGAL LAW again?

On a serious note, he can take back his child with the help of good Family Lawyers through DNA.

But why did he get her pregnant in the first place knowing fully well that he is not willing to marry her?

THE GUY SEF NO TRY.

I just hope he isn't just planning to sabotage that INNOCENT CHILD's destiny. Coz cutting short his silver spoon and abroad destiny is SABOTAGE.

Culture, the man who paid the bride price owns the child, if they are all Igbos, then he should know that the child belongs to the new man (husband).

if the Son can prove paternity he is entitled to access and custody. a custom will not be repugnant to natural justice

ibkn:
if the Son can prove paternity he is entitled to access and custody. a custom will not be repugnant to natural justice

This was my argument, but my parents shut me off.They insisted the real father has no rights whatsoever on the child.

[quote author=rigor14 post=62654098]Culture, the man who paid the bride price owns the child, if they are all Igbos, then he should know that the child belongs to the new man (husband).[/quote

They aren't all igbos.The guy who rejected the child is Igbo,but the person who eventually married the girl is a Yoruba ondo state.

KardinalZik:
Which one is LEGAL LAW again?

On a serious note, he can take back his child with the help of good Family Lawyers through DNA.

But why did he get her pregnant in the first place knowing fully well that he is not willing to marry her?

THE GUY SEF NO TRY.

I just hope he isn't just planning to sabotage that INNOCENT CHILD's destiny. Coz cutting short his silver spoon and abroad destiny is SABOTAGE.

Well,the parents of the biological father of the child is out for a real legal battle,what they don't know is that in few days time,they may never get to see the child again. The boy is bearing a Yoruba surname.

That's Igbo culture.

The Yoruba guy that married the lady knows its not applicable in Yoruba land, but since his wife is ibo, the wives family would have given him the total rights to the child.

In Yoruba land, the man who impregnates the woman is the father of the child irrespective of whether he marries her or not.

Well I think legally the person who impregnated the lady is the father except in cases of documented adoption .

That family needs to be "dealth with" for having the effrontery to ask for " their rejected fetus".

I don't know about any law but that's my own natural law to apply in this case.

The guy didn't pay any bride price. He impregnated the young girl and didn't take full responsibility, and now he wants the child? See ehn if na my people dem for locate the guy and his family and deal with him for opening his mouth.

Oke oku l'oku re, Baba omo lo'ni omo.
He rejected the pregnancy....But he is the father.
The court will ask them to do paternity test...and of course, the father wins it.
Where is the evidence of him telling her to abort or him saying he doesn't want the pregnancy The only evidence that can be substantiated is still the paternity test

He rejected the baby..Soo new husband is the father

Biological dad remains the dad until he writes, signs on paper that he's not.

Rejecting a pregnancy/child verbatim and going awol does not erase his DNA from the child. (reason girls should be careful of who they open their legs for)

The step dad can only be the child's guardian.

CakezbyMarie:
He rejected the baby..Soo new husband is the father

tho i've not read d story .

Why did he reject the child in the first place ?

He should go away with his family

Based on Yoruba culture, we can argue and say the person who impregnated the girl is the father. But the man who got her pregnant and the girl herself are both Igbo and from what I’ve heard, the person who paid the bride price calls the shots. It’s even more sentimental to the girl’s family cos he denied the girl when she was pregnant.

If the boy’s family go the legal route, they might win or they might not, but even if they do, we know how hard it is to enforce justice in Nigeria. It’s is further complicated if the girl’s family do not want anything to do with the boy and his family for denying their daughter and if the husband flies the girl and the kid to Europe.

In America, you have two years (in most states) to prove and establish paternity. If you try to establish paternity or dispute paternity after the two years is over, it’s naught. Even if the DNA tests show you’re the real Dad, paternity is granted to the person who signed the birth certificate. And if you’re not the real Dad and you sign the birth certificate, you have two years to get out of that mess, else you will be the Dad for that kid and if you’re even more screwed and the baby mama asks for child support, you have to pay (or your wages will be garnished)... for a kid that’s not yours oo. You pay until the kid is 18....for pikin wey no be yours oo.

The law will not allow a custom or tradition that is repugnant to natural justice, equity and good conscience to prevail.

Though the guy was wrong to have denied his child, the law will not grant paternity to another person because of that. At best, the Court will not grant "Custody" of the child to him because he has acted irresponsibly, and cannot be guaranteed to have the "best interest of the child ".

Be informed, that the Court has ruled in several cases that "a tradition that gives to another man a child that is not his is repugnant to natural justice "

If it gets to trial, there is this rebuttable presumption that the child birthed during the pendency of a marriage is the "child of the marriage" (with exceptions though). Once that presumption is challenged, there will be a visit to the Lab for DNA test.

However, since the argument ain't between two men claiming to have impregnated the lady, paternity is in fact not in issue here. I do not see a "NIGERIAN" Court granting paternity to another man cause the real father bailed.


**********
But the child sef go gree acknowledge that type of father?

The man that paid her bride price owns the child according to Igbo tradition.

.

Legally, if the biological father can prove via DNA test that the boy is his, then he is the Legal Father. However, if the step-father had legally adopted the boy then the biological father had no claim to him. The mistake people make is not going through the legal adoption process. When the biological father comes for their children, they almost always win in court

What a poor child....with useless parents

iPod or iPob tradition or culture get a lot of coma self...even legitimate daughters don't have shares in their parents properties or belongings after death.

I don't know whats wrong with some men and all these slay queen. What about if the lady has aborted the fetus then, will he be asking for any child now..... So after dodging his responsibility to pay natal and anti natal fee, he's now coming forward to claim his child.... In order no to jeopardize the innocent boy future, let them hasten with the boy travelling processing and take him out of the country....

nkwuocha1:


This was my argument, but my parents shut me off.They insisted the real father has no rights whatsoever on the child.

which One be real father here. The pregnancy that he has denied?

And if the lady too can jst change her story ajd say its a mistake he is not the real father she jst wanted to tie him down before, then that is all

rigor14:
Culture, the man who paid the bride price owns the child, if they are all Igbos, then he should know that the child belongs to the new man (husband).

Does this culture override the law?

nkwuocha1:


This was my argument, but my parents shut me off.They insisted the real father has no rights whatsoever on the child.

Yes! He denied her, right now he has no right whatsoever another man has paid for the total package..

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Mydn

elninosanz:
Legally, if the biological father can prove via DNA test that the boy is his, then he is the Legal Father. However, if the step-father had legally adopted the boy then he biological father had no claim to him. The mistake people make is not going through the legal adoption process. When the biological father comes for their children, they almost always win in court

The step father cannot legally adopt the child unless there's a written, signed and stamped document proving the biological father is dead or/and does not want the child.