INTRODUCTION

Adoption is the process by which a person or a couple become legally approved to take on the parenting – including the full responsibilities and duties of the natural parents – of another, i.e. a child. Child adoption is the creation of family relationship between a child and another person(s) who is/are not the natural parents of the child.[1]

The adoptee and the adopter are usually unrelated but in some circumstances they might be. Therefore, the legal or judicial creation of or establishment of a parent-child relationship where there was no such relationship, affinity or genetic kinship between a child and the adoptee is what child adoption means.

2.0. DISTINCTION BETWEEN ADOPTION AND OTHER ADULT-CHILD RELATIONSHIPS

The relationship must not be mistaken with similar adult-child relationships such as child fostering, wardship, child custody and guardianship. Although adult-child relationships may generally be altruistic in nature or be a result of a personal desire, they do not all share the same meaning.

There attaches every right, privilege, duty and liability of a natural parent – child relationship to an adoption relationship. The adoptive child has every right and privilege as though they were the natal child of the adopter. The child is entitled to all things including care, the last name, estates, and properties of the adopter equally just as the natal child of the adopter. The adoptee also has the full rights and responsibilities of the natural parents to determine the welfare, lifestyle and training of the adoptive child. Adoption severs the existing relationship between a natal child and their natural parents and re-creates a fresh parent-child relationship between the child and the adopter.

Adoption is a permanent status disconnection between natural parent(s) and natal child, however fostering and guardianship are temporary. Fosterage does not affect the status and identity of the child.[2] Also, generally in fosterage and guardianship, the child is not bestowed upon any legal rights and entitlements to the estates or properties of the guardian or foster carer. The incidence of child fosterage does not admit of the adopted child the right to inheritance and does not take up the surname of the fostered parents.[3]

It must be noted however, that different legal climes all over the world have varying inclusion of rights and privileges of a child in adoption, fosterage or guardianship. For example, in Oceania, adoption occurs primarily among close kin, natural parents retain an active interest in their children’s welfare after adoption….[4]

3.0. CHILD ADOPTION IN NIGERIA

The process of child adoption in Nigeria is framed by laws which define the qualifications for a person to adopt or be adopted. These laws include, the Child Rights Act, the Child Rights Law of each state of the federation and the Convention on the Rights of the Child.

3.1. Who Can Adopt?

By the provisions of the Child Rights Act 2003[5], an applicant for the adoption of a child must be:

  1. A married person who has sought and obtained the consent of their spouse in respect and prior to such application. (It must be noted that marriage under Nigerian law is only between male and female)[6];or
  2. A married couple or unmarried persons whose respective ages are twenty-five years or above, and who have been granted an order permitting them to adopt a child jointly; or
  3. An unmarried person of thirty-five years of age but at least twenty-one years older than the child in question, and who is of the same sex as the child.

It is paramount to state that compliance with any of the above listed conditions does not inure an applicant with the child adoption as a matter of course. Such person must be verified and ascertained to be suitable to adopt a child by the appropriate supervising or investigating officers who must have scrutinized all the birth certificate, marriage certificate, medical certificate and such other documents, information or requirements specified by the court or the law for the purposes of adoption.

3.2. Who Can Be Adopted?

By virtue of the Child Rights Act, the person who can be adopted is

A child. By the definition of the Act, a child is a person under the age of eighteen years. Many states of the Federation of Nigeria in their own Child’s Rights Laws, also adopted the age limit of eighteen years as provided by the Child’s Rights Act (CRA). However, in contradistinction, Akwa-Ibom State Child’s Rights Law defines a child as a person below the age of sixteen[7] ;

A child is fit to be adopted provided that:

  • The parent or guardian (where the parents are deceased or incapable) gives their consent to such adoption.
  • Such child is abandoned, neglected or persistently abused or ill treated, or where there are other compelling reasons for such adoption.

    3.3. Further Requirements For Adoption Application

    • Place of Adoption

    Where the applicant for adoption and the adoptable child reside is a matter for consideration according to the law, in any application for adoption. The Applicant ought to have resided in the same state as the child for at least five years preceding the period of the application.

    • Citizenship

    The Applicant(s) is/are expected to be Nigerian by citizenship. This means that an application for adoption by a non-Nigerian is void and therefore, will not be entertained. However, where one of the couple is a Nigerian but the other is a foreigner, the Nigerian spouse can make the application for child adoption subject to the consent of the non-Nigerian spouse.

    • Care of The Child

    The law mandates that the Applicant must have been in care of the adoptable child for at least three consecutive months before the order granting the application for adoption is granted by the court.

    Notice of Intention

    The Applicant is required to notify the Social Welfare officer of his intention to adopt the child, at least twelve months penultimate the granting of the order.

    Religious Upbringing of the Child

    It is mandatory that the Court will consider the wishes of the parents or guardian of the child in respect of the religious upbringing of the child, in any application for adoption in Nigeria.

    4.0. PROCEDURE FOR CHILD ADOPTION

    4.1. Application

    There must be an application made at the Social Welfare Department of the state, preferably the state where the child resides, in the prescribed form. All documents and information required by law and the officials must be provided for the application to deemed duly lodged for consideration by the court.

    4.2. Investigation

    Upon receipt of the application, the Court will assign supervisors or inspectors to investigate the information provided by the applicant.

    4.3. where the report of the investigation satisfies the court, the court may grant the application subject to any terms and conditions the court deems fit in the circumstance.

    5.0. LEGAL EFFECT OF CHILD ADOPTION

    The legal effects of the granting of an order for child adoption according to the law are:

    1. All rights, duties obligations and liabilities including any other order under the personal law applicable to the parent of the child, or any other person in relation to the future custody, maintenance, supervision and education of the child, including all religious rights, right to appoint a guardian and to consent or give notice of dissent to marriage, shall be extinguished; and
    2. There shall vest in, and be exercisable by and enforceable against the adopter;
    3. all rights, duties, obligations and liabilities in respect of future custody, maintenance, supervision and education of the child; and
    4. all rights to appoint a guardian and consent to give notice of dissent to marriage of the child, as would vest in the adopter as if the child were a natural child of the adopter, and in respect of those matters, the child shall stand to the adopter in the relationship of a child born to the adopter.

    This means that the child has the full privileges and rights of a natal child as though he were born by the adopter. On the other hand, the adopter acquires all rights, liabilities, responsibilities for the care, nurture, upbringing and general welfare of the child.

    CONCLUSION

    The system of child adoption in Nigeria is slowly gaining more roots as various persons explore it whether for charitable intentions or for desires prompted by certain predicaments or inabilities. However, government fosterage appears to require more implementation as there many children who still go through abuse as subjects under adults who contravene the provisions of the Child Rights Act.

    FOOTNOTES: 

    [1] 2022 The Concept Of Child Adoption In Nigeria And Its Legal Effect Under The Child’s Rights Act, 2003 by Sarinus Ettor Kabo Asian Journal of Multidisciplinary Research & Review (AJMRR) Volume 3 Issue 4  [July August 2022]

    [2] 1987 Adoption and Fosterage in Human Societies: Adaptations or Enigmas? by John B Silk Pg. 39, Cultural Anthropology, 

    [3] The Concept Of Child Adoption In Nigeria And Its Legal Effect Under The Child’s Rights Act https://doi.org/10.55662/AJMRR.2022.3402 <accessed on 15th of January, 2025>

    [4] Adoption and Fosterage in Human Societies: Adaptations or Enigmas? Pg.47 Ibid

    [5] Section 129 Child’s Rights Act (2003). Cap. C.50, Laws of Federation of Nigeria

    [6] Same Sex Marriage (Prohibition) Act, 2014

    [7] The Concept Of Child Adoption In Nigeria And Its Legal Effect Under The Child’s Rights Act Pg. 30 Ibidhttps://doi.org/10.55662/AJMRR.2022.3402   Pg. 30 Ibid


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