A Critical Apprisal Of Legitimacy And Legitimation Under Nigerian Family Law

Cheshire and North in their book29 sees legitimacy as the status acquired by a person who is born in lawful wedlock. Black Law dictionary30 defines it as a lawful birth; the condition of being born in wedlock; the opposite of illegitimacy or bastardy. Osborne concise law dictionary31 defines it as the condition or being born in lawful wedlock.
•    Illegitimacy
It is a condition that exists before the law or the social status of a child born out of wedlock. It can also be said to be the condition of one whose parents were not married at the time of his or her birth. Black law dictionary32 says illegitimacy is the condition before the law, or the social status, of a child born out of wedlock; condition of one whose parents were not intermarried at the time of his or her birth. It is the social status of a child born out of wedlock. At common law a bastard has no parents and cannot take property as an heir- at- law or next- of- kin through them.
•    Legitimation
This is the process through which a child who has not been born in a lawful wedlock, acquires the status of a legitimate child, which is as a result of some acts which includes the subsequent marriage of his parent or by acknowledgement by his father after the date
of his birth. It is also a way of making legitimate that which was not originally so through the statutory procedure. It is important to determine the status of an illegitimate child to assure the succession right of the child as an illegitimate child has no succession rights as against a legitimate child.
Black law dictionary33 defines it as ‘the making legitimate or lawful that which was not originally so; especially the statutory procedure of legalizing (legitimating) the status of an illegitimate child, such is usually necessary to assure inheritance rights to child.
CONCLUSION
This chapter generally introduces the concept of legitimacy, which is concern of this work and which is the status of being born in a lawful marriage, the absence of which the child will be regarded as illegitimate with the resultant effect which will not be pleasant to the child as he will be deprived of the benefit that should he would have been entitled to, if he was of a legitimate birth, it discussed the background of the study which has been from quite some as it has been traced to the Holy books, the aim of the study which is giving a voice to the illegitimate children in the society in order to help safeguard their rights and privileges with a view to removing those discriminations which they are normally faced with was also discussed, the chapter also explained all the terms needed to full appreciate the concept.