Adoption is "the statutory process of terminating a child’s legal rights and duties towards the natural parents and substituting similar rights and duties towards adoptive parents." It is also an order vesting the parental rights and duties relating to a child in the adopters, made on their application by an authorized court. Contrary to popular depictions in films and media, adoption is not a matter of informal agreement or verbal declaration. It is a formal legal process governed by established statutes and procedures.
In Nigeria, adoption is more than a benevolent act of giving a child a home; it is a structured legal process that ensures the protection, stability, and long-term welfare of the child. This article examines the legal process of adopting a child in Nigeria.
Globally, adoption has sparked both legal and ethical concerns, particularly in cases involving cross-border practices. For instance, in January 2023, Deutsche Welle reported that four Croatian couples were on trial in Zambia for attempted child trafficking, after authorities discovered their adoption documents were fraudulent. Similarly, in Denmark, victims of a widespread adoption scandal involving South Korean children have come forward demanding accountability.
In Nigeria, it is not uncommon for children to be raised by extended family members due to cultural norms, economic hardship, or other social factors. The family is universally recognised as the foundational unit of society, and efforts to address social challenges often begin at this level.
FAMILY LAW: CHILD ADOPTION PROCESS IN NIGERIA
Legal Framework for Adoption in Nigeria
In Nigeria, adoption is primarily governed by the Child’s Rights Act of 2003, as well as relevant state laws, with procedures varying slightly depending on the jurisdiction.
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- The Child’s Rights Act (2003): This is the primary Federal legislation governing child welfare, including adoption. It sets out procedures for legal adoption, ensuring that the best interests of the child are prioritised. The Act establishes eligibility criteria for adoptive parents and mandates court approval to finalise adoptions.
- State Adoption Laws: Adoption procedures vary across States, as each State enacts its own adoption laws.
- Rivers State & Abuja (FCT): Rivers State domesticated the Rivers State Child Rights Law (Amended 2021) and the FCT uses the Child Rights Act of 2003.
Who Can Adopt a Child in Nigeria?
Both single individuals and married couples may adopt. Note that a single person will not be allowed to adopt a child of the opposite sex except in extraordinary circumstances. In most states, married couples must adopt jointly. If married, both members of the couple must be Nigerian citizens.
The Child Rights Act 2003 (CRA) is the principal legislation regulating adoption in Nigeria, and it sets out the required qualifications a person must fulfil to be eligible to adopt a child:
- Age: The CRA states that the applicant must not be less than 25 years of age and must be at least 21 years older than the child. Therefore, if you want to adopt a child who is 10 years old, you must be at least 31 years old.
- Marital Status and Gender: Where the applicant is unmarried, evidence must be shown that he or she has attained the age of 35 years and the child to be adopted is the same sex with him or her. Under Nigerian law, cohabiting and same sex couples are not permitted by law to adopt children.
- Character: The CRA provides that the applicant should be a person of unquestionable integrity.
- Finances: In addition to these and most importantly, the applicant must have the necessary financial capability and means to take adequate care of the child.
Who May Be Adopted?
It is only a juvenile that can be adopted. However, the term juvenile has no uniform definition. In Edo and Delta States, a juvenile is one who is eighteen years and below, while in States like Lagos, Anambra, Imo and Ogun, a juvenile is one who is under the age of seventeen. So once a child falls under the relevant age, depending on the State, the child may be adopted under the law.
Adoption Procedure in Nigeria
Depending on where the adoption takes place, the specific law and regulations governing the adoption may differ, for example adoptive parents must foster their children for at least three months in Lagos. This means that the prospective adoptive parents must have physical and temporary legal custody of the adoptive child for at least three consecutive months immediately prior to petitioning the court for an adoption decree.
For adoption to take place, the court (family Court where the child resides) is vested with powers to grant an adoption order depending on the type of adoption taking place.
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Step 1 - Pre-approval from the State Welfare Agency
The first step is that the prospective adopters must make a formal request to the State government welfare agency - most times the Ministry of Youth and Social Development, requesting approval to start the adoption process. In reviewing this request, the prospective parents are interviewed by the Director of social welfare to determine whether the prospective adopters are suitable to adopt a child. This involves mandatory pre-counselling sessions, and other sessions to confirm suitability.
If approval is granted, the prospective adopters are then able to search for an adoptable child in a government approved home. The child is then allowed to stay with the prospective adopters for a period of three months.
Step 2 - Application to the Court
The laws in most parts of the country provide that an application for an adoption order must be made in the prescribed form and submitted to the registrar of the competent court. This application is accompanied with the relevant documents including (but not limited to) - the marriage certificate or a sworn declaration of marriage (where the applicant is a married couple), the birth certificate or sworn declaration of age of each applicant, passport photographs of each applicant, medical certificate of fitness of the applicant from a government hospital etc.
The prospective adoptive parent(s) files a formal application at the Family Court in their state of residence. This application must be supported by essential documentation, including but not limited to:
- Marriage certificate (where applicable)
- Birth certificate(s)
- Recent passport-sized photographs
- Medical certificates confirming physical and mental fitness
- Proof of financial capacity (such as bank statements or employment records)
This stage is governed by Section 126(1) of the Child’s Rights Act, 2003, which provides the legal framework for initiating adoption proceedings.
Read also: The Adoption Process
Step 3 - Court directed investigation by State Government welfare Agency
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.
Following the submission of the adoption application, the court directs the State Ministry of Women Affairs or the Social Welfare Department to conduct a comprehensive investigation. This assessment typically includes home visits, interviews with the prospective adoptive parent(s), and evaluations of their living conditions and overall suitability. The purpose of this investigation is to ensure that the adoption is in the best interests of the child. The social welfare officers are tasked with evaluating the emotional, psychological, financial, and physical environment in which the child would be raised.
The court assigns a ‘guardian ad litem’ for the child to represent him/her in the adoption proceedings. The guardian ad litem is the social welfare officer in charge of the area where the juvenile resides, or a probation officer or some other person suitably qualified in the opinion of the court of assignment.
The guardian ad litem investigates the circumstances related to the proposed adoption and files a report to the court. The guardian ad litem represents the child’s interests until the magistrate questions the prospective adoptive parents and grants the adoption order giving legal custody to the adoptive parents.
Step 4 - Recommendation by Welfare Officer
The social welfare officer visits the home of the adoptive parents until the officer is satisfied that the juvenile is settled, and the prospective adoptive parents can look after him or her. Then, the social welfare officer submits a positive recommendation in writing to the court.
Step 5 - Court Order
The court will meet the adoptive parents in court to confirm their suitability and will issue or deny the adoption order.
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.
Step 6 - Final Documentation
After the adoption order has been issued, adoptive parents should obtain a new birth certificate for the child listing them as the child’s parents. In some states, after the adoption has been granted, the adoptive parents must obtain the court's permission to remove the child from Nigerian jurisdiction, either temporarily or permanently. In addition, the social welfare officer might be required to submit a letter to the Nigerian immigration office, stating that the adoptive parents are now the legal parents of the child. This letter permits the adopting parents to apply for a passport to take the child out of Nigeria.
Every action that occurred 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.
Rights of an Adopted Child in Nigeria
An adopted child in Nigeria enjoys the same legal rights as a biological child of the adoptive parents.
- An adopted child has the legal right to inherit from the estate of the adoptive parent, just like a biological child.
- An adopted child is entitled to proper maintenance, education, shelter, medical care, and general welfare from the adoptive parents as required by law.
- Upon adoption, the child assumes the surname of the adoptive parent and becomes a legal member of that family.
- The adopted child is legally recognised as a child of the adoptive parent in all civil and legal matters.
Table 1: Key Legislation and Requirements for Adoption in Nigeria
| Aspect | Details |
|---|---|
| Governing Law | Child Rights Act 2003 (Federal), State Adoption Laws |
| Age Requirement for Adoptive Parents | Minimum 25 years, at least 21 years older than the child |
| Marital Status | Single individuals (above 35 for opposite-sex child) and married couples |
| Financial Capacity | Must have sufficient means to care for the child |
| Adoptable Child | Juvenile (under 17 or 18 depending on the state) |
Challenges and Considerations
It is important to note that while the adoption process in Nigeria is generally consistent across the country, timelines and specific procedures may vary from state to state. Some states, for instance, require extended periods of pre-adoption fostering or request additional documentation.
The system also faces several challenges, including limited capacity and resources within state social welfare departments, low levels of public awareness about formal adoption procedures, and occasional instances of illegal adoptions.
Despite these challenges, Nigerian citizens are typically given priority in adoption proceedings.
Prospective adoptive parents should not attempt to begin the adoption process through any other local officials.
Applicants can apply for a Nigerian passport in the Nigerian Immigration Service office of the jurisdiction in which the adoption took place or where they reside. There is a fee for obtaining a passport.
The Nigerian passport may take a week or more to obtain depending on conditions. At times it may take significantly longer.
The Role of Legal Professionals
Lawyers play a vital role in ensuring that the adoption process is smooth, compliant, and protects the interests of all parties involved, especially their clients. Legal adoption provides long-term benefits for both the child and the adoptive parents. It secures parental rights through a binding court order, granting the child full legal status within the adoptive family.
For adoptive parents, proper legal adoption offers peace of mind and eliminates the risk of future disputes. It protects against claims from biological relatives and provides a stable, legally recognised family structure.
At Olisa Agbakoba Legal, we understand that adoption is a life-changing journey. With our expertise in family law, we provide comprehensive legal guidance to ensure that every step from application to court approval is handled with diligence, sensitivity, and a commitment to the best interests of the child.
References
- Child’s Rights Act 2003, Nigeria.
- CHIBUZOR & ANOR V.
- BASSEY v.
- DURU v.
- ADUBA & ORS v.
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