All you need to Know about Adoption of a Child under Nigerian Law

 

Adoption in Nigeria is governed by both federal and state laws, with key legal frameworks including the Child Rights Act (2003) at the federal level and individual state adoption laws, especially in states that have domesticated the Child Rights Act.

Legal Framework for Adoption in Nigeria

1. Child Rights Act (2003): This Act provides the general legal framework for adoption in Nigeria. However, adoption laws are implemented at the state level, meaning that each state has the authority to regulate adoption within its jurisdiction.
2. State Laws: States in Nigeria have their own adoption laws, often based on the Child Rights Act. Some states, particularly in the South, have detailed adoption procedures, while others in the North follow Islamic personal laws, which do not traditionally recognize adoption in the same manner.

Eligibility for Adoption

To adopt a child in Nigeria, an individual must meet the following criteria:

• Be at least 25 years old and at least 21 years older than the child to be adopted.
• Be of sound mind and capable of providing for the child’s welfare.
• Married couples must adopt jointly (except under certain conditions).
• A single person can adopt but may face restrictions, especially regarding the adoption of children of the opposite sex.
• Foreigners may adopt under strict conditions, including proof of residency and compliance with Nigerian laws.

Types of Adoption

1. Domestic Adoption: Adoption by Nigerian citizens within Nigeria.
2. International Adoption: Adoption by foreign nationals or Nigerians living abroad, which must comply with both Nigerian and international laws, including The Hague Convention on Intercountry Adoption (though Nigeria is not a signatory).

Adoption Process

The process for adoption varies by state but generally involves the following steps:

1. Application: Prospective adoptive parents apply to the relevant government agency (e.g., the Ministry of Women Affairs and Social Development).
2. Screening and Investigation: Background checks, home visits, and financial assessments are conducted.
3. Foster Care Period: Some states require the child to live with the adoptive parents for a period before finalizing the adoption.
4. Court Proceedings: A court reviews the case and may grant an adoption order if all requirements are met.
5. Issuance of Adoption Certificate: Once adoption is approved, an official adoption certificate is issued.

Effects of Adoption

• The adopted child is granted the same rights as a biological child, including inheritance rights.
• The biological parents lose all parental rights and responsibilities.
• The child's original birth certificate is replaced with a new one showing the adoptive parents.

Challenges in Adoption

• Bureaucratic delays and legal complexities.
• Cultural and religious factors, especially in the North.
• Cases of illegal adoption or child trafficking.

Would you like details on adoption in a specific Nigerian state?