Legitimation and Inheritance Rights of a Child Born Outside of Wedlock in Nigeria 

<span>Legitimacy is a subject that is very important when it comes to inheritance rights of children. Usually, a child born outside wedlock is deemed to be illegitimate particularly in relation to devolution of intestate succession. The Nigerian Constitution provides against any form of discrimination against any person by reason of his/her birth, race or colour. This provision notwithstanding, the issue still arises any time there is need for the succession of intestate property between children born in a legally recognised marriage and children born outside wedlock. Legitimation of a child born outside wedlock alters the status of such a child from an illegitimate child to that of a legitimate child, thereby conferring the same right of inheritance upon such a child. This article, considers the subject legitimacy and legitimation as it affects the inheritance rights of children born outside wedlock. The practice in other jurisdictions such as America is considered in addition to the practice in Nigeria with a view to bringing to fore, challenges children of such status suffer in relation to inheritance of estate of their deceased father who died intestate. It was found that acknowledgment of paternity by putative father of children born out of wedlock changes the status of such children entitling them to share in the intestate estate of their deceased father. In spite of the law, children with such status continue to suffer discrimination in this regard. It is important that the society looks into this aspect and enact laws that would give more protection to people that find themselves in such situations.</span>