Understanding Adoption Law In Nigeria: A Guide

The family is universally recognised as the foundational unit of society, and efforts to address social challenges often begin at this level. 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. While these informal caregiving arrangements may be rooted in love and duty, they do not legally alter the child's family status.

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. May-Britt Koed, one of the affected adoptees, stated: "I don't even know when I was born." The Associated Press has since revealed how adoption fraud separated generations of South Korean children from their families, underscoring the importance of transparency and regulation in all adoption processes.

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. This guide seeks to clarify the legal and cultural dimensions of adoption in Nigeria, explaining what adoption truly entails, outlining the legal framework, describing the steps involved, and addressing the societal challenges that continue to influence attitudes toward adoption.

What is Adoption?

Adoption is the legal process by which a person or couple assumes full parental rights and responsibilities for a child who is not biologically theirs. This process permanently severs the legal relationship between the child and their birth parents, whether known or unknown, and transfers all associated rights to the adoptive parents.

In CHIBUZOR & ANOR v. CHIBUZOR (2018) LPELR-46305 (CA), the Court of Appeal affirmed that adoption involves the permanent transfer of all legal rights, duties, and filiations from the biological parents to the adopters.

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. While the legal framework is relatively robust, cultural perceptions surrounding bloodlines, inheritance, and family identity still pose significant barriers to the broader acceptance and implementation of adoption across the country.

Legal Framework Governing Adoption in Nigeria

1. 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. However, since adoption laws are State-regulated, only States that have domesticated the Child Rights Act fully apply its provisions.
2. State Adoption Laws: Adoption procedures vary across States, as each State enacts its own adoption laws. For example:

1. Lagos State: Governed by the CHILD'S RIGHTS LAW 2007, adoption in Lagos State involves a rigorous screening process, including home studies and court approval.
2. 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. These laws follow similar adoption regulations but may have slight procedural differences, particularly regarding adoption fees and processing times.

Some states, particularly in northern Nigeria, have not fully adopted the Child Rights Acts due to religious and cultural considerations, making adoption regulations inconsistent nationwide, However, the practice of fostering is rather rampant in the north.

The Legal Adoption Process

Adoption in Nigeria follows a structured process, though exact steps may vary slightly depending on the state.

1. Application to the Family Court: 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. The submission of these documents is critical, as they form the basis upon which the court and relevant authorities assess the eligibility and suitability of the applicant(s) to adopt a child.
2. Home Assessment/Social Welfare Evaluation: 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. Their findings are then submitted to the court to guide its decision on whether to proceed with the adoption.
3. Pre-Adoption Fostering (if applicable): In some states, the child is placed temporarily with the adoptive family for supervised bonding.
4. Court Hearing and Approval: Once the assessment is complete, a hearing is scheduled. The judge reviews the case and, if satisfied, grants the adoption.
5. Issuance of Adoption Order: A formal adoption order is issued, legally transferring parental rights and responsibilities to the adoptive parent(s).

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. On average, the entire process can take several months to a few years, depending on factors such as the complexity of the case and the prospective adoptive parents' compliance with procedural requirements.

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. However, some states, such as Lagos, have adopted a more flexible approach, allowing non-Nigerians to adopt under clearly defined legal safeguards.

Ultimately, adoption in Nigeria is a structured and legally regulated process, designed to protect the welfare of the child and ensure the suitability of adoptive parents. To combat illegal adoption practices and child trafficking, enforcement agencies such as the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) and other relevant authorities actively monitor and prosecute violations of adoption laws.

Rights of an Adopted Child

An adopted child in Nigeria enjoys the same legal rights as a biological child of the adoptive parents. These rights are protected under the relevant provisions of the Child's Rights Act, the Adoption Laws of various States, and applicable judicial precedents.

1. Right to Inheritance and Succession

An adopted child has the legal right to inherit from the estate of the adoptive parent, just like a biological child. The law recognises the adopted child as a lawful child of the adoptive parent for all intents and purposes, including matters of succession.

In BASSEY v. EKPIKEN & ORS (2024) LPELR-61778 (CA), the Court of Appeal, per Balkisu Bello Aliyu, JCA, held:

"In any event, the evidence on record is clear that late Madam Affiong adopted and acknowledged the 4th and 5th Respondents as her children and that fact of the adoption and acknowledgement entitled them to her estate as it is apparently her wish."
See also: DURU v. DURU (2016) LPELR-40444 (CA) and ADUBA & ORS v. ADUBA (2018) LPELR-45756 (CA).

These authorities confirm that an adopted child has full inheritance rights, provided the adoption is validly constituted under law.

2. Right to Maintenance and Care

An adopted child is entitled to proper maintenance, education, shelter, medical care, and general welfare from the adoptive parents as required by law. Failure to provide for the adopted child may give rise to legal consequences.

3. Right to Identity and Belonging

Upon adoption, the child assumes the surname of the adoptive parent and becomes a legal member of that family. This includes the right to bear the name, participate in family traditions, and enjoy familial relationships and emotional support.

4. Right to Legal Recognition

The adopted child is legally recognised as a child of the adoptive parent in all civil and legal matters. This includes rights to be represented by the adoptive parent, access to legal benefits, and protection under all relevant laws applicable to children in Nigeria.

Lawyers in the Adoption Process

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. Their involvement typically includes, but is not limited to, the following:

1. Providing legal advice and assessing the eligibility of prospective adoptive parents.
2. Preparing and submitting all necessary legal documents.
3. Representing clients in court during adoption hearings.
4. Liaising with social welfare agencies and other relevant authorities.
5. Offering post-adoption legal support, such as updating birth certificates, advising on inheritance rights, and addressing any future legal concerns.

In essence, legal counsel ensures that the adoption process is not only successful but also secure, ethical, and in full compliance with the law.

Benefits of Proper Legal Adoption

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. This includes rights to inheritance, a new legal identity, and access to public services.

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. Most importantly, it ensures the child's emotional and psychological well-being by fostering a secure sense of belonging.

Conclusion

Adoption in Nigeria 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. While cultural attitudes and procedural inconsistencies across states continue to shape the adoption landscape, the existing legal framework offers a clear pathway for those who are genuinely committed to parenting through adoption. Ensuring compliance with legal procedures not only upholds the rights of the adoptive child but also safeguards the interests of adoptive parents, fostering a secure and supportive family environment.

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. Whether you are seeking to adopt locally or navigating more complex cross-border cases, our team is equipped to support you with clarity and confidence.

References:

1. Child's Rights Act 2003, Nigeria. Available via: https://lawpadi.com/child-rights-act-2003/
2. Lagos State Child's Rights Law 2007.
3. UNICEF Nigeria – Child Protection: https://www.unicef.org/nigeria/child-protection
4. CHIBUZOR & ANOR V. CHIBUZOR (2018) LPELR -46305 (CA)
5. BASSEY v. EKPIKEN & ORS (2024) LPELR-61778 (CA)
6. DURU v. DURU (2016) LPELR-40444 (CA)
7. ADUBA & ORS v. ADUBA (2018) LPELR-45756 (CA)
8. Glory Mushinge (2023)The murky world of foreign child adoption in Africa https://www.dw.com/en/the-murky-world-of-foreign-child-adoption-in-africa/a-64462543
9. Victims of Denmark's adoption scandal demand answers Copenhagen (AFP)(2024) https://www.france24.com/en/live-news/20240301-victims-of-denmark-s-adoption-scandal-demand-answers
10. Adoption Fraud Separated Generations of South Korean Children from Their Families, AP Findshttps://www.pbs.org/wgbh/frontline/article/korean-children-adoption-fraud/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.