How to Obtain Legal Guardianship of a Child in Nigeria – Everything You Need to Know
Introduction
In Nigeria, the well-being and protection of children are not only moral imperatives but also legal responsibilities. When the biological parents of a child are unable or unfit to care for their child—due to death, incapacitation, abandonment, or other critical circumstances—the law provides a mechanism for another adult to step in through legal guardianship. Guardianship is a legal relationship in which a person (the guardian) is given the authority and duty to care for and make decisions on behalf of a child (the ward).
This article provides a comprehensive guide to obtaining legal guardianship of a child in Nigeria. It examines the legal framework, requirements, processes, responsibilities, and implications of guardianship under Nigerian law. Whether you are a prospective guardian, a family member, or a legal professional, this article equips you with everything you need to know.
Understanding Legal Guardianship in Nigeria
Legal guardianship refers to the judicial appointment of an individual to care for a minor who is not their biological child. It includes the authority to make decisions about the child’s education, health, welfare, and overall development.
Guardianship differs from adoption, which permanently transfers all parental rights. Guardianship may be temporary or long-term and does not sever the legal ties between a child and their biological parents.
Legal Framework Governing Guardianship in Nigeria
Guardianship in Nigeria is governed by:
Child’s Rights Act 2003
Guardianship of Infants Law (applicable in Lagos and other states)
Matrimonial Causes Act
Customary and Sharia Laws (depending on the circumstances)
High Court Rules and Practice Directions
The Family Court of the High Court in states that have domesticated the Child’s Rights Act has exclusive jurisdiction to hear guardianship matters.
Who Can Be Appointed as a Guardian?
To qualify as a guardian in Nigeria, an individual must:
Be of sound mind
Be at least 25 years of age
Be financially stable
Have a clean criminal record
Be a fit and proper person capable of acting in the best interest of the child
Have a genuine relationship or emotional connection with the child (often a relative)
The court may appoint:
A relative of the child
A close family friend
A foster parent
An NGO or welfare organization (in rare cases)
Grounds for Applying for Guardianship
Death or incapacitation of both parents
Parental neglect, abuse, or abandonment
Divorce or separation involving custody disputes
Immigration or international relocation needs
Long-term hospitalization or imprisonment of a parent
Step-by-Step Procedure for Obtaining Legal Guardianship in Nigeria
1. Legal Consultation and Evaluation Begin by consulting a family lawyer who will:
Evaluate your eligibility
Assess the facts of the case
Advise on court jurisdiction and documentation
2. Documentation Preparation You must prepare and gather the following documents:
Application letter or petition for guardianship
Birth certificate of the child
Death certificate(s) of biological parents (if applicable)
Affidavit of means and support
Proof of relationship to the child
Character references
Medical report (for guardian and child)
Police clearance certificate
3. Filing the Application in Court File your application at the Family Court Division of the High Court in the state where the child resides.
The application typically includes:
An Originating Motion
Supporting affidavit
Statement of facts
Guardian’s undertaking to care for the child
Proposed plan for the child’s welfare
4. Court Hearing and Investigation After filing:
The court schedules a hearing
A Welfare Officer or Social Worker may conduct a home visit and submit a report
The court may interview the child (depending on age)
5. Consideration of Best Interest of the Child The court applies the “best interest of the child” standard, as mandated by Section 1 of the Child’s Rights Act.
6. Grant of Guardianship Order If satisfied, the court issues a Guardianship Order, granting you legal authority to act as the child’s guardian.
7. Post-Order Responsibilities and Monitoring
Submit periodic welfare reports (as may be required)
Fulfill duties related to the child’s health, education, shelter, and welfare
Seek court approval before making critical life decisions for the child (e.g., travel abroad, major surgery)
Types of Guardianship in Nigeria
Testamentary Guardianship: Appointed in a deceased parent’s will.
Court-Appointed Guardianship: Ordered by a court after evaluating eligibility.
Temporary or Emergency Guardianship: Granted in urgent cases (e.g., child rescue, abuse).
Plenary Guardianship: Full legal and physical control of the child.
Limited Guardianship: Granted for specific functions or time periods.
Guardianship vs. Adoption: Key Differences
| Feature | Guardianship | Adoption |
|---|---|---|
| Legal Authority | Temporary or conditional | Permanent and irrevocable |
| Parental Rights | Original parents retain some rights | Biological parents lose all rights |
| Court Process | Less complex and quicker | More rigorous and lengthy |
| Changeable | Can be revoked | Usually permanent |
Legal Obligations of a Guardian
Provide shelter, food, education, and healthcare
Act in the child’s best interests
Ensure protection from abuse or exploitation
Obtain necessary consents from the court for major decisions
Report to court when required
Challenging or Revoking Guardianship
Guardianship may be revoked or challenged under the following conditions:
Abuse, neglect, or misconduct by the guardian
Death or incapacitation of the guardian
Return or recovery of a biological parent
Evidence that the guardian is unfit or the child’s best interests are at risk
Guardianship Under Customary and Islamic Law
Under customary law:
The extended family typically decides who takes custody of the child.
There may be informal handovers without court involvement.
Under Islamic (Sharia) law:
Guardianship (Wilayah) and custody (Hadanah) are treated separately.
Male relatives may be preferred as guardians, but mothers usually retain custody rights.
International Guardianship and Travel
If intending to travel abroad with a ward:
Obtain a court-certified guardianship order
Secure a consent to travel affidavit
Comply with the immigration requirements of destination countries
Legal Aid and Government Agencies Involved
Family Court Division of the High Court
Ministry of Women Affairs and Social Development
Legal Aid Council of Nigeria
State Child Welfare Departments
International Federation of Women Lawyers (FIDA)
Common Challenges in Guardianship Applications
Bureaucratic delays in documentation
Lack of clarity in jurisdiction between customary and statutory systems
Disputes among family members
Financial constraints in providing for the child
Limited access to legal aid in rural areas
Best Practices for a Smooth Guardianship Process
Engage an experienced family lawyer
Be transparent about your intentions
Ensure financial readiness to support the child
Prepare all documents before application
Maintain a good relationship with the child’s extended family
Legal Remedies and Court Support
If issues arise after guardianship is granted:
Apply for modification of guardianship terms
File for emergency relief in case of abuse
Petition for substitution if guardian is unable to continue
Conclusion
Legal guardianship in Nigeria is a vital tool for protecting vulnerable children and ensuring they receive the care, stability, and support they need. The process—though legal and sometimes complex—can be navigated smoothly with adequate preparation, legal guidance, and a genuine commitment to the child’s well-being.
For individuals or couples seeking to make a difference in a child’s life, legal guardianship is a meaningful path to provide safety, education, and love—backed by the authority of the law.
Call to Action
Are you planning to take legal guardianship of a child in Nigeria? Do you need help navigating the legal process, filing your application, or drafting supporting documents?
Let Chaman Law Firm help you secure guardianship legally and efficiently.
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria