LEGITIMACY OF A CHILD: A REVIEW OF COMMON LAW AND NIGERIAN LEGAL PERSPECTIVES

ABSTRACT The legitimacy status of a child is one that must be known at every point in time because it has far reaching effects to the rights of that child as well as the obligations of the parents to him or her. The aim of this research is to examine the factors that determine the legitimacy or illegitimacy, ascertain whether the concept of illegitimacy has been abolished under the Nigerian Legal system and to appraise the impact that determining the legitimacy or illegitimacy status has on the rights of a child.In this research, the doctrinal research methodology will be adopted and it will involve a brief historical analysis as to the evolution legitimacy laws in Nigeria and under common law as well as a comparative analysis of the concept as it exists under the both legal systems. In the course of this research, it is clear that although the purport of section 42(2) of the 1999 constitution of Nigeria was to abolish illegitimacy, it has rather created much controversy and argument leaving the fate of such children in a limbo. It has therefore been recommended that the section of the constitution be amended to properly reflect the intention of the legislature as to eradicating the subject of illegitimacy of a child.