Adoption In Nigeria; The Legal Procedure And Requirements

The adoption process in Nigeria involves a series of steps, including counseling, document submission, and court application. The Child Rights Act governs the process and outlines the requirements for adoption. The adoption process in Nigeria varies from state to state, and this is because the matter is within the list which states in Nigeria can legislate upon.

In this article, we respond to important questions on adoption process and requirements in Nigeria.

 

What laws govern adoption in Nigeria?

The key laws governing adoption in Nigeria include:

1. Child Rights Act, 2003 (applicable in the Federal Capital Territory and states that have domesticated it).
2. Adoption Laws of Various States (Each state has its own specific adoption laws).
3. Matrimonial Causes Act (relevant for inter-country adoption).
4. Customary and Islamic Laws (where applicable in some regions).

 

Who is eligible to adopt a child in Nigeria?

The eligibility criteria for adoption vary by state but generally include:

1. The adopter must be at least 25 years old and at least 21 years older than the child.
2. The adopter must be of sound mind and financially capable of providing for the child.
3. Married couples must adopt jointly, with both spouses giving consent.
4. Single persons can adopt, but some states restrict adoption by single men.
5. The adopter must have no criminal record, especially for offenses against children.
6. Foreigners may adopt only if they have resided in Nigeria for at least a year (varies by state).

 

Who can be adopted in Nigeria?

A child eligible for adoption must:

1. Be below 18 years old.
2. Be orphaned, abandoned, or relinquished by their biological parents.
3. Be declared adoptable by the court or child welfare authority.
4. Have no legal claim or opposition from biological parents (if alive).

 

What is the process for adopting a child in Nigeria?

The adoption process typically involves these steps:

1. Application: The prospective adoptive parent(s) submit a formal application to the Ministry of Women Affairs or relevant child welfare department.
2. Screening & Home Study: The authorities conduct background checks, home visits, and psychological evaluations to assess suitability.
3. Pre-Adoption Foster Care: The child may be placed in the care of the adoptive parents for a probationary period (usually 3 months to 1 year, depending on the state).
4. Court Petition: The prospective parents file an adoption petition in court, seeking legal approval.
5. Court Hearing & Order: The court reviews report from the welfare agency, ensures legal compliance, and grants the Adoption Order if satisfied.
6. Registration of Adoption: After the court order, the adoption is registered with the appropriate government agency.
7. Issuance of New Birth Certificate: A new birth certificate may be issued listing the adoptive parents as the legal parents.

 

What documents are required for adoption in Nigeria?

Required documents typically include:

1. Formal adoption application
2. Birth certificate or affidavit of age declaration
3. Marriage certificate (for married couples)
4. Medical certificates proving physical and mental fitness
5. Police clearance certificate (to verify no criminal record)
6. Financial statement or evidence of stable income
7. Home study report from a social welfare officer
8. Consent document (if applicable, from the child’s biological parents or guardian

 

Can foreigners adopt a Nigerian child?

Yes, but they must meet additional requirements, including:

1. Residency in Nigeria for at least 12 months before the adoption.
2. Approval from the Ministry of Women Affairs.
3. Compliance with international adoption treaties (e.g., Hague Adoption Convention, if applicable).

Some states have stricter rules or may prohibit inter-country adoption.

 

What is the role of the court in the adoption process?

The court plays a crucial role in:

1. Reviewing adoption applications.
2. Ensuring compliance with adoption laws.
3. Verifying that the adoption is in the best interest of the child.
4. Issuing the Adoption Order, which finalizes the process.

 

What are the rights of adopted children in Nigeria?

Adopted children have the same rights as biological children, including:

1. Right to inherit from adoptive parents.
2. Right to education, healthcare, and welfare.
3. Right to be protected from abuse and neglect.
4. Right to identity and citizenship (where applicable).

 

What are the costs associated with adoption in Nigeria?

Adoption costs vary but may include:

1. Application fees (set by state adoption agencies).
2. Legal fees for court proceedings.
3. Medical and home study assessments.
4. Processing fees for documentation and registration.
5. Travel expenses (for inter-state or international adoptions).

 

Conclusion

Adoption in Nigeria is a legally structured but sometimes complex process, requiring compliance with federal and state laws. Prospective adoptive parents must ensure they meet all legal and procedural requirements while prioritizing the best interests of the child.

Adoption is a beautiful process that allows for the creation of a family. It is however important that the expertise of a family law expert is sought before commencing the process particularly on how to navigate the complex process.

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.

 

By Deborah Ogedengbe for Adeola Oyinlade & Co.

 

Adeola Oyinlade & Co. is a leading full-service law firm in Nigeria offering legal support to both local and foreign clients in the area of family law.

To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com

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