A Nigerian lawyer identified as Atanda has stirred conversation online after sharing a detailed legal warning to men considering marriage to single mothers.
Posting on Facebook, the lawyer outlined what he described as potential legal complications that could arise under Nigerian law.
1️⃣ Stepchildren Are Not Automatically Yours
According to Atanda, marrying a woman with children does not automatically make those children legally yours — especially if their biological father is still alive.
He stressed that:
- The children legally remain the responsibility of their biological father.
- Marriage to their mother does not transfer legal parentage.
- Biology, not bride price or traditional rites, determines paternity.
In his words, “Na biological factor determines who is the papa, not marriage factor or bride price factor.”
2️⃣ Adoption Is Not Automatic (If Father Is Alive)
Under Nigerian law, adoption typically requires legal procedures and, in many cases, the consent of the biological father if he is alive and has parental rights.
Atanda warned that:
A man cannot simply assume legal fatherhood.
Acting as a full guardian without formal adoption could create legal consequences.
Courts may hold a stepfather financially responsible if he voluntarily assumes parental responsibility — even after divorce.
This is based on principles in Nigerian family law, including the Child Rights Act, which focuses on the welfare of the child.
3️⃣ The Biological Father Still Has Rights
The lawyer also emphasized that the biological father retains legal rights over his children, including:
- Right of access and visitation.
- Right to be consulted on major decisions.
- Right to object to relocation of the children without consent.
However, he clarified that while visitation cannot be denied outright, a stepfather can restrict access to his private property.
4️⃣ Risk of Bigamy
Another major warning concerned marital status documentation.
Atanda advised men to:
Demand evidence of a Decree Absolute if the woman was previously married under statutory law.
Avoid relying solely on traditional divorce claims.
Without proof of legal dissolution of the first marriage, a new statutory marriage could amount to bigamy — a criminal offense under Nigerian law.
5️⃣ Warning on False Registration
The lawyer further cautioned that falsely registering children as one’s biological offspring could lead to serious legal consequences, potentially including allegations related to misrepresentation or even child trafficking, depending on circumstances.
⚖️ The Bigger Legal Picture
In Nigeria:
- Biological parentage determines legal fatherhood.
- Marriage to a child’s mother does not erase the biological father’s rights.
- Formal adoption requires proper legal processes.
- Divorce under statutory marriage requires court-issued documentation.
Why This Has Sparked Debate
The post has generated mixed reactions online:
Some agree that men should understand legal realities before marriage.
Others argue that the tone discourages blended families.
Many believe love, communication, and proper legal steps can prevent complications.
See below;
Published by Ejoh Caleb
