Who may Adopt?
Introduction
Adoption is a noble and life-changing process—for both the adoptive parents and the child. In Nigeria, where thousands of children are orphaned, abandoned, or without adequate care, adoption offers a pathway to permanent family life. However, the adoption process is heavily regulated by law to ensure that the best interest of the child is always prioritized.
This article focuses on one key question: Who may adopt? It examines the criteria, qualifications, and disqualifications for adoption under Nigerian law, drawing on the Child Rights Act, state laws (especially in Lagos, Abuja, and other key states), judicial precedents, and international conventions.
Whether you’re an individual, a couple, a foreigner, or a relative seeking legal guardianship, this guide offers a thorough explanation of the legal and procedural requirements to qualify as an adoptive parent in Nigeria.
1. Overview of Adoption in Nigeria
Adoption in Nigeria is governed by:
Child’s Rights Act 2003 (CRA)
Adoption Laws of various States (e.g., Lagos State Adoption Law, 2015)
Customary and Sharia Law (in applicable regions)
International Conventions (e.g., Hague Convention on Intercountry Adoption—though Nigeria is not a signatory)
Adoption in Nigeria can be:
Domestic adoption (within Nigeria)
Inter-country adoption (foreigners or Nigerians in the diaspora adopting from Nigeria)
Relative/Kinship adoption
2. The Legal Meaning of Adoption
Under Section 128 of the Child Rights Act, adoption is defined as:
“The legal process by which a person takes a child of another as his own and confers on the adopted child the status of a legitimate child with all associated rights and responsibilities.”
It severs all legal ties between the child and their biological parents, and creates new ties with the adoptive family.
3. Who May Adopt Under Nigerian Law?
a. Nigerian Citizens
Must be at least 25 years old
Must be at least 21 years older than the child (unless they are a relative)
Must be physically, emotionally, and mentally fit
Must be of good moral character
Must be financially capable of caring for the child
b. Married Couples
Joint adoption is permitted
Both spouses must consent to the adoption
Marriage must be legally recognized under Nigerian law
The couple must have a stable and supportive home
c. Single Persons
Single individuals can adopt in Nigeria
Men are restricted from adopting female children unless under special circumstances approved by the court
Must meet all other general conditions
Must demonstrate long-term capacity for care and emotional support
d. Foreigners and Inter-Country Adoption
Allowed in some states (notably Lagos and FCT)
Must have legal residency in Nigeria for at least 2 consecutive years
Must undergo a rigorous vetting process
Adoption must be in the best interest of the child
Must provide proof of consent from their home country to adopt
4. Specific Requirements by Category
a. Age Requirements
Minimum age: 25 years
Maximum age: No legal maximum, but courts assess parental fitness and longevity
Must be at least 21 years older than the child
b. Marital Status
Married couples must apply jointly
Single women may adopt any child
Single men face restrictions when adopting female children
c. Citizenship and Residency
Nigerians (home or abroad) may adopt
Foreigners must meet residency and legal requirements
Legal residents (expatriates) must live in Nigeria for at least two years prior to adoption
5. State-by-State Variations in Eligibility
Nigeria operates a federal system, so adoption is regulated at both federal and state levels.
Lagos State:
Adoption Law of Lagos State (2015)
Requires residency of at least 5 years for adoption
Favors married couples
Has clear guidelines for inter-country adoption
Abuja (FCT):
Governed by the Child Rights Act
Allows foreigners with 2-year residency to adopt
Involves detailed background checks and home visits
Other States:
Vary in procedure and openness to inter-country adoption
Some states require religious or ethnic compatibility
Some rural areas permit customary guardianship in place of formal adoption
6. Categories of Persons Ineligible to Adopt
Certain individuals are prohibited or disqualified from adopting in Nigeria:
Persons under 25 years of age
Persons not at least 21 years older than the child
Individuals with serious criminal records
Persons with mental or physical incapacity
Individuals with poor financial stability
Persons with a history of child abuse or domestic violence
Married persons applying without their spouse’s consent
7. Additional Requirements and Considerations
a. Financial Capability
Must demonstrate stable income
Ability to provide for child’s education, shelter, and healthcare
b. Health Evaluation
Physical and mental health screening is mandatory
Psychological fitness is evaluated during social welfare assessments
c. Moral Fitness
Background checks are conducted by social workers
Neighbors, employers, and religious leaders may be interviewed
d. Home Study Assessment
Visits by social workers to ensure a safe and suitable environment for the child
8. Requirements for Inter-Country (International) Adoption
Nigerian adoption laws place special requirements on foreign nationals:
2 years residency in Nigeria before applying
Child must have been in the adoptive parents’ custody for a minimum of 3 months
Clearance and recommendation from the adoption authority in the applicant’s country
Comprehensive post-adoption monitoring reports for up to 2 years
Payment of administrative fees as approved by the State Ministry of Youth or Women Affairs
9. Gender and Religious Considerations
Courts consider the religious background of both the child and the adopter to avoid forced conversion
Gender balance is also considered: For example, a male adopter may not be allowed to adopt a female child without a female co-applicant
10. Kinship/Relative Adoption
In certain cases, family members may adopt relatives:
Often used when parents die or are incapacitated
Customary care is allowed, but formal legal adoption is encouraged for security
Often simpler in court and may be granted more easily if in the best interest of the child
11. Rights of the Adoptive Parents
Once the adoption order is granted:
Adoptive parents assume full parental rights and responsibilities
Child becomes a legal heir
Relationship is permanent and irreversible (except by court annulment)
The adoptive parent can name the child and modify personal details
12. Rights of the Adopted Child
Right to be treated as a biological child
Right to education, healthcare, inheritance, and family identity
Right to protection under Nigerian child protection laws
Freedom from discrimination based on adoptive status
13. The Role of Social Welfare and Courts
Social Welfare Officers and family courts:
Conduct thorough home and background checks
Provide reports and recommendations to the judge
Ensure the child’s best interests are protected
Verify all required consents (e.g., from biological parents or guardians)
Approve or deny adoption applications based on findings
14. Judicial Discretion in Approving Adoption
Family courts play a critical role:
Ensure all legal requirements are met
Exercise discretion in borderline cases (e.g., age gaps, gender restrictions)
Can override certain technicalities if it is in the best interest of the child
15. Importance of Legal Representation
Helps prepare and review documents
Guides applicants through complex procedures
Ensures full legal compliance
Represents clients in court if disputes arise
16. Challenges in Adoption Eligibility
Delays in paperwork and court approval
Bureaucracy in state welfare departments
Cultural and religious biases
Financial burdens of court proceedings
Limited public awareness of legal rights and responsibilities
Conclusion
Adoption is a transformative act of love, but it must be conducted lawfully and responsibly. In Nigeria, a person or couple seeking to adopt must meet clear criteria—age, capacity, moral standing, and financial stability. Whether you’re a Nigerian citizen, a foreign resident, or a relative wishing to adopt, the system is designed to protect the child first.
Knowing who may adopt is only the beginning. The next step is to follow due process, seek professional guidance, and prepare your heart and home to offer a child a better future.
👨👩👧👦 Thinking About Adoption? Let’s Guide You Legally and Compassionately
Adoption is one of the most meaningful decisions you can make—but it must be done right. Whether you’re a single person, a married couple, a Nigerian in the diaspora, or a relative seeking to adopt, the law has clear guidelines on who may adopt and how.
At Chaman Law Firm, we specialize in adoption law and family legal services, helping prospective parents:
✅ Confirm eligibility under Nigerian law
✅ Prepare and submit all adoption documents
✅ Handle both local and inter-country adoption processes
✅ Liaise with social welfare offices and family courts
✅ Legally finalize adoption with full parental rights
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria
🌍Click here to learn more about Chaman Law Firm
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Let’s help you give a child a loving home—legally, securely, and successfully.