₦airaland Forum

A fellow Ijaw person was arguing this thing with me about Igbo and I say I should get the information from Igbos themselves.


If a person marries an Igbo from Anambra with one child out of wedlock is it true that when the bride price is payed the lawful guy take the child as his own?

It depends on the circumstances surrounding the birth of the child. If the child was born before the marriage of the mother, the new husband will only accept the child if the mother so wishes and not forced to do so.

OduduwaNow:
A fellow Ijaw person was arguing this thing with me about Igbo and I say I should get the information from Igbos themselves.


If a person marries an Igbo from Anambra with one child out of wedlock is it true that when the bride price is payed the lawful guy take the child as his own?

Paid

Anither563:
It depends on the circumstances surrounding the birth of the child. If the child was born before the marriage of the mother, the new husband will only accept the child if the mother so wishes and not forced to do so.

What if the husband would be ok with owning the child?

Faber:
Paid

So what's your conclusion?

Who are the people who normally return the bride price?

Thats the law of the land.

OduduwaNow:
A fellow Ijaw person was arguing this thing with me about Igbo and I say I should get the information from Igbos themselves.


If a person marries an Igbo from Anambra with one child out of wedlock is it true that when the bride price is payed the lawful guy take the child as his own?

It can only happen if the biological father of the baby denied responsibility which happens often.Igbo youths hardly accept pregnancy outside marriage due to family and neighbourhood pressure.

OduduwaNow:
A fellow Ijaw person was arguing this thing with me about Igbo and I say I should get the information from Igbos themselves.


If a person marries an Igbo from Anambra with one child out of wedlock is it true that when the bride price is payed the lawful guy take the child as his own?

Op yes, but that's if the husband and wife agrees...this usually happens in a case where the husband has issue with impregnating woman.

Some even pay a dowry of a single mother and her three children and they come and become a full member of the family

OduduwaNow:
A fellow Ijaw person was arguing this thing with me about Igbo and I say I should get the information from Igbos themselves.


If a person marries an Igbo from Anambra with one child out of wedlock is it true that when the bride price is payed the lawful guy take the child as his own?

any child born before bride price is paid belongs to the family of the bride.

Bulldozer90:
any child born before bride price is paid belongs to the family of the bride.

By culture, yes.

Legally, no. The law recognises the biological father and will grant him full paternal rights including visitation, name, birth certificate etc.

Mynd44:
By culture, yes.

Legally, no. The law recognises the biological father and will grant him full paternal rights including visitation, name, birth certificate etc.

which of your laws sir?

Bulldozer90:
which of your laws sir?

It was held in the above case that:

"The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. Refer to Ben Enwonwu v Spira (supra) at p. 223.

"In the absence of any person claiming custody on the basis of being the natural father"

If the natural father wants custody he will be granted rights (might be joint, shared) depending on the welfare of the child whether he is married to the mother or not

It was held in the above case that:

"The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. Refer to Ben Enwonwu v Spira (supra) at p. 223.

Mynd44:
It was held in the above case that:

"The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. Refer to Ben Enwonwu v Spira (supra) at p. 223.

"In the absence of any person claiming custody on the basis of being the natural father"

If the natural father wants custody he will be granted rights (might be joint, shared) depending on the welfare of the child whether he is married to the mother or not

It was held in the above case that:

"The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. Refer to Ben Enwonwu v Spira (supra) at p. 223.

Whose surname does the mother of the child born before brideprice bear before marriage? whose surname will the child bear?

If the mother bears her father's surname, so is her baby that was born before brideprice is paid. Which means the baby belongs to the family. This is what the judgement you quoted validates.

BTW, I thought you were going to post relevant sections of the law instead of quoting random judgement without providing it's background.

OduduwaNow:
So what's your conclusion?

It depends on the part of Igbo land not generally exclusive to Anambra state. There's no uniform marriage culture in Igboland. Like where I come from, if you like pay 100million dollars as bride price. You will not be given a child born by your wife, while she was still in her father's house. The child is not yours, he/she belongs to your in-laws family and will bear her name. Only the man who go her pregnant can claim the child, that's if he was reasonable enough to come and pay for the girl's bride price.

There are communities I know too well in Enugu and Ebonyi States. Once you marry a girl there, she's coming over with the kids she had from other men, while still in her father's house. They will bear your name.

Bulldozer90:
Whose surname does the mother of the child born before brideprice bear before marriage? whose surname will the child bear?

If the mother bears her father's surname, so is her baby that was born before brideprice is paid. Which means the baby belongs to the family. This is what the judgement you quoted validates.

BTW, I thought you were going to post relevant sections of the law instead of quoting random judgement without providing it's background.

oga don't argue

Same case happened in Akure n d judge made it clear d father owns d child, Nigeria law supercedes cultural law


https://www.nairaland.com/7968127/akure-magistrate-judge-condemns-igbo/2#129946951

Mynd44:
By culture, yes.

Legally, no. The law recognises the biological father and will grant him full paternal rights including visitation, name, birth certificate etc.

Do sth about your site. Its failing to work properly on various browsers

Mynd44:
It was held in the above case that:

"The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. Refer to Ben Enwonwu v Spira (supra) at p. 223.

"In the absence of any person claiming custody on the basis of being the natural father"

If the natural father wants custody he will be granted rights (might be joint, shared) depending on the welfare of the child whether he is married to the mother or not

It was held in the above case that:

"The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. Refer to Ben Enwonwu v Spira (supra) at p. 223.

Mynd44:
By culture, yes.

Legally, no. The law recognises the biological father and will grant him full paternal rights including visitation, name, birth certificate etc.

Point of correction, Customary law is not culture but law in Nigeria and why we have customary court

Goodnewsforlife:
oga don't argue

Same case happened in Akure n d judge made it clear d father owns d child, Nigeria law supercedes cultural law


https://www.nairaland.com/7968127/akure-magistrate-judge-condemns-igbo/2#129946951

https://www.nairaland.com/7878183/divorce-family-denies-court-granted
Stop peddling fake news. akure customary court has not jurisdiction over Igbo customary law.