ADOPTION OF CHILDREN IN NIGERIA (STEPS AND PROCEDURE)

ADOPTION OF CHILDREN IN NIGERIA (STEPS AND PROCEDURE)

INTRODUCTION

Adoption is a legal process whereby a child’s legal rights and duties towards its natural parents are terminated and bequeathed to his adoptive parents. It is also an order made by a special court with inherent jurisdiction vesting the parental rights and duties relating to a child to his adoptive parents. The said order is made upon the application of the adoptive parents to the special court set aside by the state to handle adoption matters.

Adoption generally has been promoted to reduce the rate of abortion and drug addiction in the event of an unwanted pregnancy.

There are many reasons why people want to adopt children, they range from:

• For childless couples, in other to stabilize their marriages

• The need to replace a dead child(in the case where the dead child is an only child, only female or only male)

• For the companionship of an only child

• To legitimate an illegitimate child

• To sustain a particular line of descent

• To rescue an abandoned child to give him/her a home and an identity

• To relieve parents who are unable to take care of their child(ren).

• Other reason maybe simply to give a home and family to children who does not have a home nor family

Adoption in Nigeria may be achieved either statutorily or customarily. Under the statutory law, the law differs from one state to the other. Under the custom it equally differs from one culture to the other.

The Child's Right Act, 2003 provides for adoption of a child in Nigeria. An application for adoption is made to the High (Family) Court accompanied with the following documents;

(a) Where the applicant is a married couple, their marriage certificate or a sworn declaration of marriage;

(b) The birth certificate or sworn declaration of age of each applicant;

(c) 2 passport photographs of each applicant;

(d) A medical certificate of the fitness of the applicant from a Government hospital; and
(e) Such other documents, requirements and information as the Court may require for the purposes of the adoption.

On receipt of the application, the court will give an order of investigation to be conducted by Social Welfare Officers, supervision officers, and any other persons as the Court may determine to assess the suitability of the applicant as an adopter and of the child to be adopted

Every action taken in an adoption proceeding and its final outcome must be entered into the Adoption Register. A certified copy of an entry in the Adopted Children’s Register if stamped or sealed by the registrar’s office shall be proof of such adoption as is specified therein.

In practice, the Court prefers that an applicant must have fulfilled the condition precedent at the Child Welfare Department and obtain a report stating that the applicant is a proper person to adopt the child. The report would accompany the application for adoption.

Upon receipt of an application for adoption, the Court shall order an investigation to be conducted by child development officers or a supervision officer or such other persons as the Court may determine, to enable the Court to assess the suitability of the applicant as an adopter and of the child to be adopted.

The Court shall, in reaching a decision relating to the adoption of a child, have regard to all the circumstances, first consideration being given to the need to safeguard and promote the welfare and the best interest of the child throughout the childhood of that child and ascertaining, as far as practicable, the wishes and feelings of the child regarding the decision and giving due consideration to those wishes and feelings, having regard to the age and understanding of the child.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

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