Child Adoption is the legal process by which a child or minor is made a a part of a family he is not biologically connected to.
It should be noted that child adoption is different from Child fostering, which is the process of a child being placed under the care of a caregiver or guardian (known as a ” foster parent”) licensed to do so by the state .
This article will be looking at child adoption as it currently exists under Nigerian Law, with a focus on the topics of :-
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– The legal framework governing child adoption in Nigeria.
– Who is qualified to be adopted in Nigeria.
– Who is qualified to adopt a child in Nigeria.
– The legal requirements for child adoption in Nigeria.
– The restrictions on child adoption in Nigeria if any.
What makes up the legal framework governing child adoption in Nigeria?
Child Adoption in Nigeria is regulated mainly by the Child Rights Act of Nigeria as well as the domesticated Child Rights laws of the component states of Nigeria.
These laws give jurisdiction over child adoption matters to the High Courts and Magistrate Courts in the country.
Who can be legally adopted under Nigerian Law?
The following persons can be legally adopted in Nigeria :-
– Children without surviving parents.
– Children with consenting guardians.
– A child that is abandoned, neglected or persistently abused or ill-treated & there are compelling reasons for an order of adoption.
Who is legally qualified to adopt a child in Nigeria?
The following persons can legally adopt a child in Nigeria :-
– A married couple (with each spouse being 25 years of age minimum or 21 years older than the child to be adopted).
– A married person with the consent of his/her spouse.
– A single person who is of a minimum age of 35 years.
– A Nigerian citizen.
– An adult residing in the same state as the child for a minimum period of 5 years.
Is inter-state adoption/adopting a child residing in another state allowed under Nigerian Law?
No, this is not allowed without a license to that effect. Violating this provision of law can earn a jail sentence of up to 10(Ten) years.
What are the legal requirements for adoption?
The requirements for child adoption in Nigeria are :-
– Consulting a lawyer on the applicable child adoption law & process in your jurisdiction as well as then hiring him to document and file an application in court for an adoption order . This application is to be supported by :-
- A copy of a marriage certificate where the applicant is a married couple.
- A copy of the birth certificate of each applicant.
- 2 passport photographs of each applicant.
- A copy of a medical certificate of fitness from a government hospital.
- Such other requirements as the court may require.
What are the restrictions if any on child adoption?
An application for child adoption will be rejected where:-
– The applicant expresses an intent to impose his religious beliefs on the child.
– Where the adopted child is of a gender different from that of the applicant.
– Where a married sole applicant fails to show proof of his/her spouse’s written consent.
– Where the applicant is shown to lack fitness to be a parent in the estimation of the court.