UAE123:
There is nothing like illegitimate child

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.

coputa:
But we have legitimate marriage.

UAE123:
There is nothing like illegitimate child

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 [b]OUT of a legal/ recognized marriage, he/she is illegitimate[/b].

No amount of wokeness/ acceptance of babymamaism and papaism can change that.

Ladyhippolyta88:

There us nothing like an illegitimate child in today's world.
That is an act of discrimination on the child because the child did not choose how he/she was to be born.
Section 42(2) of the constitution ensures that children are not denied rights or right to inheritance by circumstances of their birth and such child has same rights as others to inherit from their parents as long as they were acknowledged by their parents

Ladyhippolyta88:
The child is legitimate even after their marriage.

The child should never be disvlcriminated on the circumstances of his/her birth.

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.

Ladyhippolyta88:
@bold,this is not true there is no legal implication/consequences on an illegitimate child but a mere outdated societal distinction.
There is nothing like an illegitimate child in today's world.
That is an act of discrimination on the child because the child did not choose how he/she was to be born.
Section 42(2) of the constitution ensures that children are not denied rights or right to inheritance by circumstances of their birth and such child has same rights as others to inherit from their parents as long as they were acknowledged by their parents

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.

Ladyhippolyta88:

1. In Nigeria the child becomes legitimate once the parents are married. Laws are peculiar to each country and in some countries this might not be an issue for some it might.

2. It is discriminatory and offensive to classify an individual as such and in my opinion.Even the word bastard is an insult and offensive

3. They cannot contest a will written by the parents on such grounds. Only when such parent might have died intestate(without a will) such child may then be able to contest and it depends on the context or facts of the case take for instance the child's existence was acknowledged by the father before death. The child born out of wedlock can get a share of the inheritance.

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.

Ladyhippolyta88:
@bold,this is not true there is no legal implication/consequences on an illegitimate child but a mere outdated societal distinction.
There is nothing like an illegitimate child in today's world.
That is an act of discrimination on the child because the child did not choose how he/she was to be born.
Section 42(2) of the constitution ensures that children are not denied rights or right to inheritance by circumstances of their birth and such child has same rights as others to inherit from their parents as long as they were acknowledged by their parents

MrBrownJay1:


a child born out of a married couple will automatically get both his parents name on his birth certificate while a child born out of wedlock would need the father to acknowledge that this is his child and sign that said birth certificate... thats the whole difference.

Mindlog:
Where no marriage existed, should the father refuse to acknowledge the child and didn't sign the birth certificate, can he in later years claim paternity?

MrBrownJay1:


- if the child or his mother desire, a judge can force the father to have a DNA test to prove paternity (and receive child support)
- a father can have a dna test and claim paternity whenever he desires and/or for whatever reason he desires.

Mindlog:
Based on the second point, it means the man can show up whenever he so desires to be part of the child's life.

Let's consider a situation where the child's mother got married and the husband legally adopts the child to bear his name (noting that the biological father refused to acknowledge the child at birth nor opted for a DNA test then) does the biological father in later years have the right to legally seek for change of surname and full/shared custody of the child?

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.

Mindlog:
What from your personal perspective would qualify as meeting the proper requirements?

Biologically, no one can dispute that the man sired the child but does it not psychologically affects the child when a father feels it is okay to waltz into the child whenever he feels like he wants to become involved?

MrBrownJay1:


depends on who you are, what kind of man you are, what kind of life you live, your situation, the mood of the family judge on that said day etc



thats irrelevant regarding the issue of paternity... whether you want to do right or wrong (by that child) is up to you. at the end of the day, nobody can stop a biological father from getting access to his own child (even a convicted pedophile would have the right to supervised visitation). some father stand up to their responsibility from day one, others need more time.

you can ignore the child for 10years, and then after 10 yrs you suddenly find religion and decide to get to know your child, nobody can stop you to do so, whether mama is remarried or not. if mama lied to that child that her new husband is the child's dad (while he isnt) then thats mama's problem. you cant dismiss a biological father from getting access to his own child just because mama lied to that said child.

Mindlog:
Thanks, gotten your points which represents your personal view on it thus those questions.

I will be going in for a specialty in either Family and Child Psychology or Clinical Child Psychology and I know such scenarios would be cases I would regularly be involved in as I will also get to present my professional assessments/reports to family judges.

MrBrownJay1:


the country where you will practice is also very important as different countries means different laws.

Mindlog:
Conscious of that very fact as Family and Child laws vary from Country to Country.

MrBrownJay1:


all the best with your studies.

Mindlog:


Based on the second point, it means the man can show up whenever he so desires to be part of the child's life.

Let's consider a situation where the child's mother got married and the husband legally adopts the child to bear his name (noting that the biological father refused to acknowledge the child at birth nor opted for a DNA test then) does the biological father in later years have the right to legally seek for change of surname and full/shared custody of the child?

Ladyhippolyta88:
@bold,this is not true there is no legal implication/consequences on an illegitimate child but a mere outdated societal distinction.
There is nothing like an illegitimate child in today's world.
That is an act of discrimination on the child because the child did not choose how he/she was to be born.
Section 42(2) of the constitution ensures that children are not denied rights or right to inheritance by circumstances of their birth and such child has same rights as others to inherit from their parents as long as they were acknowledged by their parents

sassysure:

There is.
Check around the world.
Most part of Nigeria may be exceptions.

Even in Nigeria, especially my tribe, no inheritance as you are not recognised and accepted by your father( family law). You can only inherit from your mum's side.
I don't know how far with northern Nigeria that is predominantly Muslims.
In some Islamic countries, you don't inherit unless it's from your mum side meaning your dad didn't recognise you. Here, there is even a clause. U can only inherit if........,
In South Korea, illegitimate kids are stigmatized a lot even when they identify with their birth fathers
If your birth is not registered, nothing for you. Families will love to pass the family inheritance to their only daughter who is married than that son born out of wedlock.

In as much as we want those laws to be send to the archives, they still exist.


https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.propertyguru.com.my/property-guides/property-inheritance-muslims-born-out-of-wedlock-16738&ved=2ahUKEwii0I6AsrDqAhWtQhUIHXeoALoQFjACegQIAxAB&usg=AOvVaw1b9L9EE7zOsUymP_n86DCQ