Pregnant But Not Married: House-helps’ Legal Status Explained
House-helps and Married Men: The Limits of Legal Rights
ACROSS Nigeria, stories of house-helps becoming pregnant by married men are increasingly common. Yet many still mistakenly believe that such pregnancies automatically confer the legal rights of a wife. Nigerian law, however, draws a clear line between marital status and biological parenthood.
Marriage Creates Rights, Not Pregnancy
In the eyes of the law, the wife holds rights based solely on the marriage. These rights encompass inheritance, decision-making, property entitlements, and recognition in societal and legal contexts. By contrast, a house-help remains an employee, separate from the marriage, regardless of pregnancy.
Pregnancy imposes a moral and financial duty on the father, but it does not elevate the woman to spousal status. Experts note that courts differentiate between the rights of the child and the rights of adults. While children are legally entitled to maintenance and care, these benefits are for the child, not for the mother.
Exceptions Are Narrow and Formalized
A house-help may gain spousal rights under very specific conditions. If the man is unmarried and subsequently marries her legally, she gains the rights of a wife. Similarly, under legally recognized polygamous or customary systems, a house-help may become a lawful wife—but only through formal marriage processes. Absent these legal frameworks, pregnancy alone is insufficient to confer spousal rights.
The Legal Principle of Status
Legal experts stress a crucial principle: status comes from structure, not circumstances. Marriage establishes legal recognition, whereas pregnancy merely imposes obligations. Misconstruing this distinction can lead to personal vulnerability, social stigma, and exploitation.
Implications for Child Support
Children conceived in these situations have enforceable rights to financial support and care, but these do not translate to marital privileges for the mother. Courts routinely separate child maintenance from claims to spousal rights, emphasizing the legal distinction between parenthood and marriage.
Conclusion: Awareness is Key
Understanding the separation of responsibilities and status is essential. Women must recognize that pregnancy does not automatically create legal parity with a wife. Accurate knowledge of marital law protects women and children and discourages reliance on myths that can cause harm.
