BREAKDOWN: 6 Essential Legal Steps To Adopt A Child In Nigeria

Eko Hot Blog reports that the adoption process in Nigeria is regulated by both the Child Rights Act and the Child Rights Law of the different states across the federation.

Adopting a child often involves a thorough process with extensive paperwork. It is also time-consuming  and adherence to established rules and procedures is important to ensure legal compliance.

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Failure to comply with the laid down rules and regulations can be deemed as kidnapping.

Who May Adopt a Child

According to The Child Rights Act and the Child Rights Law of Lagos State, Below are the provisions for persons who can legally adopt a child in Nigeria.

The following persons may adopt a child in Nigeria:

• A married couple, where each of them has attained the age of twenty-five years, and there is an order authorizing them jointly to adopt a child
• A married person; if he/she has obtained the consent of his spouse, as required under section 132 of the Child Rights Act (if a married person is a sole applicant, the court, if it deems fit, requires consent from the other spouse)
• A single person; if he/she has attained the age of thirty-five years. However, the applicant must be the same sex as the child sought to be adopted. It is pertinent to note that in Lagos State, the single person need not be the same sex as the child sought to be adopted.

Who May be Adopted

Only a child can be adopted under the Child Rights Act and Child Rights laws of various states.

A child is defined under the Child Rights Act 2003 as a person under the age of 18 (eighteen) years.

Section 128 of the Child Rights Act provides that the Court shall not make an adoption order in respect of a child unless;

a) The parents of the child or, where there is no surviving parent, the guardian of the child consents to the adoption; or

b) The child is abandoned, neglected or persistently abused, or ill-treated, and there are compelling reasons in the interest of the child why he should be adopted.

6 Legal Steps of Adopting a Child In Nigeria 

1. Request To The Appropriate Adoption Agency: Each state in Nigeria has an adoption unit/ welfare agency responsible for the process of adoption. In Lagos State, for instance, there is an adoption unit responsible for adoption services under the Ministry of Youth and Social Development. The applicant must submit a formal request to the welfare agency in the state.

2. Interview Process: Before the request for adoption is granted, the applicant has to go through a series of interviews/counseling sessions granted by the state adoption unit/welfare agency to determine the suitability of the prospective adopter/adapters.

3. Where the applicant is a married couple; their marriage certificate or a sworn declaration of marriage is required. The documents to be filed include:

• The birth certificate or sworn declaration of the age of each applicant
• Two passport photographs of each applicant
• A medical certificate of the fitness of the applicant from a Government hospital; and
• Such other documents, requirements, and information as the Court may require for the purposes of the adoption.

4. Investigation: The court then orders an investigation to be conducted by a Child Development Officer, a Social Welfare Officer, a supervision officer, and such other persons as the Court may determine, to enable the Court to assess the suitability of the applicant as an adopter and of the child to be adopted.

5. Three Months Test Period: Once the court is satisfied with the suitability of the applicant, then the child is allowed to live with the applicant for a period of three months before an adoption order can be made by the court. This is done to determine the compatibility of the child and the applicant.

6. Final Adoption Application:  Upon the completion of the period of three months, the applicant files an application for adoption of the child. The necessary forms and documents must be filled and filed at the court as part of the adoption process.

How Much Does The Adoption Process Cost?

The ministry charges a certain amount for administrative purposes. The ministry explains that the fee is purely administrative.

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