Child Adoption: An Appraisal Of The Legal Requirements In Nigeria

WHAT IS ADOPTION?
Adoption is the act of taking and bringing up another’s child as one’s own.

There are various reasons people opt for adoption. It could be medical or by choice. The law permits any of the reasons provided the applicant(s) meets the requirements of law

PROCEDURE FOR ADOPTION

The Child Rights Act (CRA) of 2003 has set out guidelines and requirements to be followed in making an application for adoption in Nigeria.

Nevertheless, the CRA, under Section 125(1), confers rights to States to make laws in the State to regulate adoption.

STEPS FOR ADOPTION:

APPLICATION

An Application is first made to the Welfare and Social Agency of the state where the child is to be adopted, i.e., the Ministry of Youth and Social Development. Upon receipt of the application, the Director of Social Welfare interviews the applicant(s) in respect of their eligibility for adoption.

STEP 2:

An application is made to the Court within the state where the child resides and shall be accompanied with-

(a) where the applicant is a married couple, their marriage certificate or a sworn declaration of marriage;

(b) the birth certificate or sworn declaration of each applicant;

(c) two passport photographs of each applicant;

(d) a medical certificate of the fitness of the applicant from a Government hospital; and

(e) such other documents, requirements and information as the court may require for the purposes of the adoption.

STEP 3:
AN ORDER FOR INVESTIGATION

The Court shall, on receipt of an application under subsection (I) of this section, order an investigation to be conducted by-

(a) a child development officer;

(b) a supervision officer; and

(c) 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.

STEP 4:
CONSIDERATION BEFORE AN ORDER IS MADE

The Court, in granting an application for adoption, shall have regard to the following circumstances:

(a) The need to safeguard and promote the welfare and the best interest of the child throughout the childhood of that child;

(b) 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.

(c) The court shall, in placing a child for adoption, have regard, as far as is practicable, to the wishes, if any, of the parents or guardian of the child as to the religious upbringing of the child.

STEP 5
CONSENT OF THE PARENTS/GUARDIAN
The CRA provides that the parents (where still alive) or guardian must consent to the adoption.

Under Section 128 of CRA, provides thus; 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.

PERSONS WHO MAY APPLY FOR ADOPTION
Under the CRA, a single person cannot adopt a child, except if he has attained the age of 35 years and he shall only adopt a child that is of same sex with him/her.

Similarly, married couples, except they have attained the age of 25 years each, will not be granted adoption order. Nevertheless, a married person may apply for adoption where he has obtained a letter of consent from his/her spouse.

See Section 129, CRA.
Of note is that an adoption order shall not be made in favour of a joint application (husband and wife) except one of them is at least 21 years older than the child and both or each of the parties in the case of joint application, must be resident in the State.

CONSENT
An adoption order will not be granted where the consent of the parent or guardian of the child was not secured. However, consent may be dispensed with if it is satisfied that the person whose consent is required cannot be found or is incapable of giving his consent or is withholding his consent unreasonably.

While an application for adoption order is pending in any Court, no person who has given his consent for an adoption order to be made in respect of a child shall withdraw the child from the care.

CONCLUSION
Adoption must be pursued in line with the law of the State in which the child resides. The Child Rights Act is the principal law which was enacted to protect the best interest of the child.

This article is written by: M. O. Idam, Esq.

Credit: BarristerNG