CRITICAL APPRAISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIAN FAMILY LAW

Legitimacy plays a crucial role in defining a child's position in society. A legitimate child is entitled to various rights, including maintenance, inheritance, and parental care. In contrast, an illegitimate child is denied these rights due to their birth status, unless they are legitimized through specific means, otherwise, they remain illegitimate. The aim of this study is to analyze the concept of legitimacy and legitimation under the Nigerian family law, the legal framework applicable to legitimacy, various ways of legitimation and the effect of legitimation. The study adopted the doctrinal research methodology consulting the primary and the secondary sources of law. The primary sources consulted were the Constitution of the Federal Republic of Nigeria, Matrimonial Causes Act, Legitimacy Act, Marriage Act and the Child Rights Act, while the secondary sources consulted were Textbooks, Dictionaries, Articles in Journal and case laws. The study found that the interactions between legal statutes, cultural traditions and religious beliefs influences how legitimacy and legitimation is perceived and practice and that understanding the historical foundations of the concept sheds light on the complexities of current legal framework and the need for continuous legal reforms. Furthermore the study indicated that Nigerian’s legal approach to legitimacy and legitimation is shaped by constitutional provision and statutory laws. The study concluded that the existing legislations governing legitimacy and legitimation are ineffective in regulating legitimation process and that there is an urgent need to reform these existing legislations. The study recommended that Courts adopt a more liberal and child-centric approach in interpreting legitimacy and legitimation laws, ensuring they align with fundamental human rights and the Supreme Court should establish clear precedents to guide lower courts in cases of legitimacy and inheritance rights.