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Are Illegimate Child Considered Legitimate Even After The Parents Latter Married - Family (2) - Nairaland

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Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Ladyhippolyta88(f): 7:27am On Jul 03, 2020
Ok ma,your points are valid smiley
bukatyne:


1. I know Nigeria's law, I posted it. I wanted to compare with what was obtainable elsewhere. It is not only Nigerian laws we reference on NL cheesy. As per Nigerian law, if the parents remain unmarried, the child is illegitimate.

2. That unfortunately is your opinion. I agree it might be insensitive to call a child 'illegitimate' to his/her face, however, it doesn't change the facts that his/her parents were/are not married. If someone can inherit influence on account of their birth, why can't they inherit 'legitimacy or lack of?'

3. As I suspected, writing a will solves the inheritance rights of the illegitimate child.

Anyways, illegitimacy and inheritance aka identity is more of a male problem than female.

2 Likes

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by olawalepopoola: 8:25am On Jul 03, 2020
No child is illegitimate.
If the child becomes the world richest, will his father call him 'illegimate'.
My advice to all so called 'illegimate' children is 'work hard, believe in God and achieve greatness in life'. When you do these all those calling you illegitimate will how before you.

2 Likes

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by johhbekeboh09: 8:28am On Jul 03, 2020
coputa:
An illegimate child is one born to parents who are not married to each other at the time of the child birth,will that child be considered legitimate,after they latter got married.

Abeg Tipex thé phrase 'illegitimate child' from your vocabulary This generation dont reason that wicked stuff anymore
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Unnerve: 8:33am On Jul 03, 2020
bukatyne:


An illegitimate child is born to parents who are not married to each other at the time of the child’s birth. Even if the parents later married, the child would still be considered illegitimate. Children who were born during a marriage that was later annulled were historically considered illegitimate. However, many state laws were modified to make the children legitimate in these situations. This child was considered the child of no one. He or she had no legal rights to inherit from either parent.
https://www.hg.org/legal-articles/inheritance-rights-for-legitimate-and-illegitimate-children-47186

This, my friend, is not from a Nigerian website.

Once a child is born OUT of a legal/ recognized marriage, he/she is illegitimate.

No amount of wokeness/ acceptance of babymamaism and papaism can change that.
There is no distinction between a legitimate and an illegitimate child by Nigerian law, maybe only village people are the ones still differentiating them.

Check the last sentence

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Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by coputa(m): 8:37am On Jul 03, 2020
johhbekeboh09:


Abeg Tipex thé phrase 'illegitimate child' from your vocabulary This generation dont reason that wicked stuff anymore
Although it is demeaning,but it still remains the truth and many country's laws recognised it,in inheritance and other issues.we cannot sweep it under the carpet.it is still relevant in today's world.

1 Like

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Nobody: 8:58am On Jul 03, 2020
coputa:
An illegimate child is one born to parents who are not married to each other at the time of the child birth,will that child be considered legitimate,after they latter got married.

There is something called "Retroactive Legitimation"

Trust me.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by pocohantas(f): 9:20am On Jul 03, 2020
There is nothing like an illegitimate child under the Nigerian law.

Thank you...

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Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Hathor5(f): 9:21am On Jul 03, 2020
coputa:
Although it is demeaning,but it still remains the truth and many country's laws recognised it,in inheritance and other issues.we cannot sweep it under the carpet.it is still relevant in today's world.

Which countries?

Please don't share links you have not read till the end. grin

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Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by bukatyne(f): 9:29am On Jul 03, 2020
Unnerve:

There is no distinction between a legitimate and an illegitimate child by Nigerian law, maybe only village people are the ones still differentiating them.

Check the last sentence

You don't get the irony of your statement:

There is NO legal distinction between a legitimate child and illegitimate child means there is a term 'illegitimate child'.

It is like arguing a lady who did an abortion was not pregnant.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Nobody: 9:51am On Jul 03, 2020
Ladyhippolyta88:

Ok thank you.I am not surprised about South Korea anyway even blacks are stigmatised/discriminated against in that country
Lol.Being developed or technologically advanced doesn’t stop them from being archaic.grin

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Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by coputa(m): 10:14am On Jul 03, 2020
The Nigeria law recognises the legitimate and the illegitimate child.In section 42(2) of the 1999 nigeria constitution(as amended) conferred equal inheritance rights on the legitimate and illegitimate child, a distinction without any legal consequencies.The Igbo native law and custom which deprives children born out of wedlock from sharing/benefit of their father's estate is conflicting with section 42(2) of the 1999 constitution of the federal republic of nigeria(as amended)
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Fountainofyouth(f): 10:15am On Jul 03, 2020
Unnerve:

There is no distinction between a legitimate and an illegitimate child by Nigerian law, maybe only village people are the ones still differentiating them.

Check the last sentence


You contradicted yourself here, there is no difference in inheritance, but it is stated that there is what we call illegitimate child in the Nigerian law because it is obviously recognised.


And for all of you saying illegitimate child and bastard is offensive, it won't change the fact that it is an English word with meaning, and the fact that people use it as an insult doesnt make it untrue, but then, denial is allowed.

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Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by eyinjuege: 10:18am On Jul 03, 2020
bukatyne:


You don't get the irony of your statement:

There is NO legal distinction between a legitimate child and illegitimate child means there is a term 'illegitimate child'.

[/b]It is like arguing a lady who did an abortion was not pregnant.[b]


You have just compared a scientific physiological process of pregnancy to a social construct of illegitimacy.
Apples and oranges.
Culture is forever changing, and crimes that were the norm in those days are legal this day and vice versa. E.g Europeans have once in their history married legitimately 14 year olds and younger. Homosexuality used to be a crime in their countries but it is now legitimized in same countries
Children born out of wedlock weren't allowed to inherit in same countries, but that is no longer the case now.

1 Like

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by coputa(m): 10:18am On Jul 03, 2020
pocohantas:
There is nothing like an illegitimate child under the Nigerian law.

Thank you...
There is,section 42(2) of the 1999 constitution(as amended)
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by bukatyne(f): 10:29am On Jul 03, 2020
eyinjuege:


You have just compared a scientific physiological process of pregnancy to a social construct of illegitimacy.
Apples and oranges.
Culture is forever changing, and crimes that were the norm in those days are legal this day and vice versa. E.g Europeans have once in their history married legitimately 14 year olds and younger. Homosexuality used to be a crime in their countries but it is now legitimized in same countries
Children born out of wedlock weren't allowed to inherit in same countries, but that is no longer the case now.

I am not arguing the inheritance, I posted Nigerian laws on it.

Can an illegitimate child inherit? YES. (Dependent on the laws of the land).

Are illegitimate children stigmatized? In most places NO.

Does it change the fact children out of wedlock are illegitimate? NOPE!

I like your homosexual example: the fact homosexuality is mainstream, accepted and funky even doesn't change the fact they are homosexuals.

1 Like

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by eyinjuege: 10:43am On Jul 03, 2020
bukatyne:


I am not arguing the inheritance, I posted Nigerian laws on it.

Can an illegitimate child inherit? YES. (Dependent on the laws of the land).

Are illegitimate children stigmatized? In most places NO.

Does it change the fact children out of wedlock are illegitimate? NOPE!

I like your homosexual example: the fact homosexuality is mainstream, accepted and funky even doesn't change the fact they are homosexuals.

Sexuality is not a social construct
Illegitimacy is.

2 Likes

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Unnerve: 11:53am On Jul 03, 2020
bukatyne:


You don't get the irony of your statement:

There is NO legal distinction between a legitimate child and illegitimate child means there is a term 'illegitimate child'.

It is like arguing a lady who did an abortion was not pregnant.

Fountainofyouth:

You contradicted yourself here, there is no difference in inheritance, but it is stated that there is what we call illegitimate child in the Nigerian law because it is obviously recognised.
I get both of you.
It does seem like a contradiction and an irony, but drawing attention to the existence of illegitimacy does not denote "recognition" of it.

An illegitimate child is simply an English phrase meant to identify a person born to unmarried parents when contrasted with one (legitimate) who was born to married parents. It's a description, not an identity.

Where it gets tricky and the reason why the debate is strong among Nigerians is that the country is governed by multiple laws at multiple levels with many Nigerians switching allegiance & interpretation depending on the subject matter.

For instance, most customary laws remain very clear on illegitimacy and will not recognize a child born by such despite what common law dictates. There are also customary practices that tag a child born to a married woman outside her marriage as a bastard, but that born to a man by another woman besides his wife is not a bastard. There is also the very muddy water of inheritance, like where should an illegitimate child claim his/her inheritance, from the mother or from the father, etc.

In general and since the most important set of laws Nigeria abides by are those put forward and/or amended in the constitution, it is fair to say then that illegitimacy is simply not recognizable.

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Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Ladyhippolyta88(f): 11:54am On Jul 03, 2020
Elder0001:

Lol.Being developed or technologically advanced doesn’t stop them from being archaic.grin
At all.
Progressive thinking is a thing of the mind.And I am not sure they have gotten there yet.It seems to be a conservative country.

2 Likes

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by sandrapretty(f): 9:05pm On Jul 06, 2020
[s]
Fountainofyouth:



You contradicted yourself here, there is no difference in inheritance, but it is stated that there is what we call illegitimate child in the Nigerian law because it is obviously recognised.


And for all of you saying illegitimate child and bastard is offensive, it won't change the fact that it is an English word with meaning, and the fact that people use it as an insult doesnt make it untrue, but then, denial is allowed.
[/s]
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by etrange: 5:12pm On Jul 07, 2020
bukatyne:


I am not disputing their right to inherit which only matters if the parent died without a will.

And it is good news that children born outside wedlock (illegitimate) would be able to inherit from their parents (like you said, they did not choose the circumstances of their birth and should not be punished for it.).

Unfortunately, the child still bears the illegitimate tag for the deed of his/her parents.

Illegitimate parents would have sounded better.

@ bolded: Nobody was born with a tag. The tag is whatever you and I put on them. And the person you quoted is saying we should stop these tagging. If you agree with me that nobody deserves to be discriminated based on circumstances surrounding their birth, then you must also agree the tagging should be done away with. It simply doesn't make sense.

@OP: Asking if a child should be "legitimate" after the parents eventually get married is ridiculous. People who answer no are even funnier. The question is, who changes the status? Where is it changed? Is there a paper work?

Let's collectively say no to social discrimination! smiley

1 Like

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by coputa(m): 8:22am On Jul 08, 2020
etrange:


@ bolded: Nobody was born with a tag. The tag is whatever you and I put on them. And the person you quoted is saying we should stop these tagging. If you agree with me that nobody deserves to be discriminated based on circumstances surrounding their birth, then you must also agree the tagging should be done away with. It simply doesn't make sense.

@OP: Asking if a child should be "legitimate" after the parents eventually get married is ridiculous. People who answer no are even funnier. The question is, who changes the status? Where is it changed? Is there a paper work?

Let's collectively say no to social discrimination! smiley
Yes,there are written and oral laws from different cultures. For example,the ibo culture does not recognise a child born out of wedlock,because such child does not share in the fathers estate
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 9:35am On Jul 08, 2020
coputa:
An illegimate child is one born to parents who are not married to each other at the time of the child birth,will that child be considered legitimate,after they latter got married.

The child becomes legitimate because marriage ratifies all.

In fact the child is still legitimate because both parents accept him as such, whether married or not.

It is because of unchallenged Fraud, that we even have these wicked legitimacy shit laws
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 9:43am On Jul 08, 2020
bukatyne:


cheesy

As for the concerns raised in the OP, read the following:
https://www.hg.org/legal-articles/inheritance-rights-for-legitimate-and-illegitimate-children-47186
https://en.wikipedia.org/wiki/Legitimacy_(family_law)
https://www.naijalegaltalkng.com/illegitimacy-and-the-right-of-inheritance/

So in Nigeria, an illegitimate child becomes legitimate if:
1. Parents become married (legitimization)
2. If the father acknowledges the child (only in customary law. Interestingly more lenient than statutory)



Concept of illegitimacy to the father but Always legitimate to the mother.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 9:58am On Jul 08, 2020
bukatyne:


First paragraph: you need to confirm outside Nigeria

2nd: it is not is discriminatory to call a child illegitimate if he/she is. Some children are named on the circumstances of their birth: Twins, Triples, etc etc. which nobody thinks discriminatory.

The only issue is inheritance which Nigerian law seems to take care of: the parents get married or the father acknowledges the child (for customary law).

Or the parent writes a will.

I don't know if the legitimate children can contest a will because it gives something to illegitimate children sha.

Every child can contest a will but it must go to sound Good Judgement.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 10:03am On Jul 08, 2020
Ladyhippolyta88:

Who calls someone illegitimate in today's times?some persons don't even know who a legitimate or illegitimate child is unless they are told.
Even the word bastard is now obsolete.

I agree that the word "Illegitimate parents" is better because I see no reason why a child should get discriminated or insulted for something he/she had no control over


You are right that no child should be disinherited from his true parents possessions, simply because of lack of marriage or other unfounded grounds, but it is not sufficiently challenged in this country, hence wickedness prevails.

1 Like

Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 10:13am On Jul 08, 2020
MrBrownJay1:


if the child is underage, YES the father has all the rights to have visitation/shared custody if he meets the proper requirements (and possibly vacation) with the child, until that child is 18yrs old. whether the child's mother got remarried and/or the biological father refused to acknowledge the child in the past, is irrelevant to the paternity of that said child... anybody can change.

the biological father CANNOT demand for the child's name to be changed, unless he is the child's legal guardian... and even if you are, at 18 that same child can remove your surname from his own name.

I think the biological father only has a right to attempt to have a relationship with the child but the true Decision rests with the child.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 10:19am On Jul 08, 2020
coputa:
The Nigeria law recognises the legitimate and the illegitimate child.In section 42(2) of the 1999 nigeria constitution(as amended) conferred equal inheritance rights on the legitimate and illegitimate child, a distinction without any legal consequencies.The Igbo native law and custom which deprives children born out of wedlock from sharing/benefit of their father's estate is conflicting with section 42(2) of the 1999 constitution of the federal republic of nigeria(as amended)

The Igbo law of wickedness should always be challenged and resisted
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 10:25am On Jul 08, 2020
Fountainofyouth:


You contradicted yourself here, there is no difference in inheritance, but it is stated that there is what we call illegitimate child in the Nigerian law because it is obviously recognised.


And for all of you saying illegitimate child and bastard is offensive, it won't change the fact that it is an English word with meaning, and the fact that people use it as an insult doesnt make it untrue, but then, denial is allowed.

You do not know that the word bastard and illegitimate is born out of wickedness and Fraud, so as to disentitle and dispossess the proper and right person from taking that which belongs to him, so that liars and thieves can sneakily and properly steal the property belonging to another, that is why some of us hate it and always fight it.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by coputa(m): 10:26am On Jul 08, 2020
Dtruthspeaker:


The Igbo law of wickedness should always be challenged and resisted
But they still accept and practice it till date.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 10:27am On Jul 08, 2020
coputa:
But they still accept and practice it till date.

Because people do not properly challenge it or resist it.

It is always said that evil thrives because people let it, by doing nothing!

Or they start to fight when they are at their weakest and the damage, already done.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by mysticwarrior(m): 10:36am On Jul 08, 2020
A child that was given birth to as a bastard will always remain a bastard.
Re: Are Illegimate Child Considered Legitimate Even After The Parents Latter Married by Dtruthspeaker: 10:36am On Jul 08, 2020
eyinjuege:


You have just compared a scientific physiological process of pregnancy to a social construct of illegitimacy.
Apples and oranges.
Culture is forever changing, and crimes that were the norm in those days are legal this day and vice versa. E.g Europeans have once in their history married legitimately 14 year olds and younger. Homosexuality used to be a crime in their countries but it is now legitimized in same countries
Children born out of wedlock weren't allowed to inherit in same countries, but that is no longer the case now.

Evil and wickedness should not be allowed to grow anywhere, it is just because people today are more gullible than before that many of these things as you said have found a place to sit.

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