The Practice of Child Adoption in Nigeria: Legal Requirements and Procedural Challenges

CONTRIBUTOR: PWAVENO DITTO

INTRODUCTION

Adoption has profound implications for families, children and the society at large.^[1] It is based on this, that a nuanced examination of its historical evolution, cultural variations, and contemporary practices is necessary as the study of the concept encompasses diverse perspectives from sociology, psychology, law, anthropology, and other disciplines.^[2] Literary and legal sources show that adoption has been practised in ancient societies, especially with the widely cited example of the biblical Moses.^[3] Although the practice of adoption is old, the motivation and reason for adoption have evolved and are ever-changing.^[4] Likewise, the laws that regulate adoption have changed to reflect the shifting social, cultural and legal landscape.^[5]

MEANING OF ADOPTION

The Child’s Rights Act, which is the principal law that regulates the adoption process, fails to give a definition for adoption, which is a great oversight on the law’s part, but it can be said to mean the process where another assumes the parenting of a child from the legal or biological parents.^[6] It is also a means to approximate biological parenthood for couples who would otherwise be unable to have children.^[7] According to Aduba,^[8] adoption is the process by which the legal relationship between a child and his natural parents is severed and re-established between the child and a third party or parties.

CONCEPTUAL OVERVIEW

Adoption is a very serious concept due to the nature of rights and privileges that accrue by virtue of the process. It is still an evolving practice, and the enactment of the Child’s Rights Act was a step in the right direction to legalize adoption.^[9] Beforehand, adoption remained a customary practice for various reasons but especially due to the death of the natural parents of the child and only occurred informally between relatives.^[10] The concept is unknown to common law and is entirely a creation of statutes.^[11] Adoption creates a parental relationship between the child and new parties and should not be confused with the other practice of fostering. The Northern region has no provision for adoption but rather for the practice of fostering.^[12] One explanation for this is that the Muslim law does not recognize adoption. Although the northern and southern laws have certain dispositions in terms of similar practice and choice of words,^[13] adoption and fostering are not the same as the rights and liabilities that arise from the relationship are not same. Fostering involves giving parental care to a child who is not one’s natural or legally adopted child.^[14] Basically, it can be seen as nurturing or parenting a child or ward which can be for a specific period of time.^[15]

Adoption can be formal or informal, which is based on the situation and both are legally allowed as long as it complies with the law.^[16] Formal adoption follows the stipulated procedures of the law, a meeting with the child to be adopted and former parents and guardians where available. The government or institution of the government can then establish the relationship and post the name in the register. On the other hand, informal adoption has no element of formality and is situational.^[17] This can entail the adoptive parent taking in an orphaned child of a relative and parenting the child. It is also necessary to note that this is usually customary and is one of the most popular manners of adoption in Nigeria but usually does not confer on the parents the same rights and privileges that the formal process confers unless decided by courts.^[18]

LEGAL AND REGULATORY FRAMEWORK

The major law that regulates the adoption process in Nigeria are the Child’s Rights Act and other state adoption laws. The legal and regulatory framework for adoption revolves primarily around;

• Child’s Rights Act 2003
• (State) Adoption Laws
• Regulatory Agencies
• International Conventions
• Judicial Precedents

It is essential for prospective adoptive parents to familiarize themselves with the relevant laws and regulations governing adoption in Nigeria and to work with accredited adoption agencies or legal professionals to navigate the adoption process successfully and prevent illegal acts that can be perpetuated against them in the course of the adoption process.^[19]

THE ADOPTION PROCESS

The adoption process in Nigeria varies from state to state, and this is because the matter is within the supplementary list and states can legislate directly to cover the matter.^[20] Generally, Nigeria allows interstate adoption but prohibits international adoption of children and one reason for this position could be that the country is yet to ratify the Hague Convention.^[21] It could also be due to the absence of a proper legal framework that can cater for and cover the details of that specificity. From the time of registration in the program, it takes between 1 to 2 years to complete an adoption in Nigeria and the cost varies based on the state.

Before a person can adopt a child, some of the requirements necessary include^[22];

• Residency requirements
• Age requirements
• Marriage requirements
• Income requirements

After meeting all these requirements, an application must first be made to the Ministry of Youth and Development or any other agency so authorized by the law, and then an investigation will be kick-started by the ministry.^[23] The stages for the adoption can generally be categorized as;^[24]

• Pre-approval from state welfare agency
• Court application
• Investigation by state welfare agency
• Recommendation by welfare officer
• Court order
• Final documentation
• Post-adoption follow-up

Although the adoption process can vary from state to state, some of the similarities include the legal framework, the required home study, the child matching process, the fostering period and court order. The slight differences can be found in state authorities, application process, counselling and training, waiting/probationary period and other ancillary matters. Some documents that might be required for adoption include application forms, marriage certificates, birth certificates, medical reports, home study reports, references, passport photographs and other documents that may relate to the process.

It is necessary that all requirements are met and provisions adhered to in order not to nullify the entire process. This was stressed by the minister for women affairs and development of Anambra^[25] following the accusation against Arrows of God orphanage by an investigative journalist.^[26] Not only are prospective adoptive parents to meet the required standards, but they are also to ensure that the agencies involved are recognized by law and uphold the law.

Adoption is a process that allows children without parental care, or persons without children to enjoy the beauty of a loving home.^[27] Each state has its adoption procedures which are primarily guided by the Child’s Rights Act or state-specific legislation. Prospective adoptive parents must adhere to the requirements and processes to ensure that the adoption journey is effective and secure.

CHALLENGES

Although adoption is a known practice in Nigeria,^[28] it still faces certain challenges and setbacks that range from individual problems, institutional issues or challenges as regards the availability of children up for adoption.^[29] As earlier stated the process is still evolving in Nigeria and despite its long stay, still faces various obstacles that it has to overcome for its seamless flow. Some of the challenges include;

• Concerns about child trafficking
• Lack of comprehensive legal framework^[30]
• Insufficient training of officials
• Procedural bottlenecks and inconsistencies
• Financial constraints
• Lack of genetic knowledge on the health of the child to be adopted
• Stigmatization and cultural beliefs
• Lack of post-adoption support
• Interstate adoption challenges
• Corruption and fraudulent practices
• Limited access to adoption services
• Lack of awareness and education

While adoption is becoming more accepted in Nigeria, significant barriers remain that hamper the process and create challenges for prospective adoptive parents. If these cultural, legal, financial, and logistical challenges are not overcome, then adoption will never find proper roots in Nigerian society.

OVERCOMING CHALLENGES

To overcome these multifaceted challenges, several strategies have to be implemented and a synergy between all the stakeholders involved, that is the government, adoption agencies and the prospective adoptive parents will be necessary. These collaborative efforts are paramount to making policy reforms, strengthening regulatory oversight and expanding access to adoption services while still protecting the interests of all the parties involved. Some steps that can be taken to avert issues that can hamper the free flow of the adoption process include;

• Advocacy and awareness to dispel myths and stigmas
• Legal guidance and compliance from experts^[31]
• Unification of adoption laws to have one straightforward process
• Structuring and simplification of the adoption process to allow a seamless process
• Cultural sensitivity and integration of the adopted child to give identity and belonging
• Adoption of international practices to allow for international adoption
• Training of adoption officials
• Offering post-adoption care for the family and the child

CONCLUSION

Adoption is a beautiful process that allows for the creation of a family which is the smallest unit of the society. With this, such a process must be regulated by laws and challenges removed so that parties do not face difficulties and all interests duly protected.

1. Taiwo, A O, & Adejuwon, G A ‘Impact of self-esteem, locus of control and gender on attitude towards child adoption and adoptive parents among some adults in Ibadan metropolis.’ IFE Psychologia: An International Journal (2005) 13(2), 22-37. ↑
2. Gintis, Herbert. ‘A framework for the unification of the behavioral sciences.’ Behavioral and brain sciences 30(1) (2007) 1-16 ↑
3. Lyall, Francis. ‘Roman law in the writings of Paul: adoption.’ Journal of Biblical literature 88(4) (1969) 458-466. ↑
4. Henney, Susan M, et al., ‘Changing agency practices toward openness in adoption.’ Adoption quarterly 1(3) (1998) 45-76. ↑
5. Agbonika, John A, et al., ‘Adoption Without Tears: Appraisal Of The Legal Requirements In Nigeria And Other Jurisdictions.’ American Journal Of Law 3(1) (2021) 38-60. ↑
6. Lowe, Nigel, et al., ‘The plan for the child: Adoption or long term fostering.’ (2002). ↑
7. Froland, E, Hansen, T, & Sørlie, T. (2018). ‘Resilience in couples living with infertility’. Journal of Clinical Nursing 27(1-2), 379-386. ↑
8. Aduba J N, ‘Family Law’ Unpublished Lecture Notes (Faculty of Law, University of Jos, February 2018) ↑
9. https://lawpadi.com/steps-to-legally-adopt-a-child-in-nigeria/ [accessed 20 May 2024] ↑
10. Carp, E. Wayne. Family matters: Secrecy and disclosure in the history of adoption. Harvard University Press, 1998. ↑
11. Pustilnik, Amanda C. ‘Private ordering, legal ordering, and the getting of children: A counterhistory of adoption law.’ Yale L. & Pol’y Rev. 20 (2002) 263. ↑
12. Nwogugu, Edwin I. Family Law in Nigeria. 3^rd Edn Hebn Publishers, 2014. ↑
13. One of such example is culpable homicide punishable with death (for the northern region Sec 221 Penal Code) and murder (for the southern region Sec 319 Criminal Code). Although slightly different, both crimes are fundamentally same and same can be said for the crimes of with stealing and theft. ↑
14. Black’s Law Dictionary p. 681 ↑
15. Grosso, Wanda, and Gianni Nagliero. ‘Adoption, fostering and identity.’ Journal of Child and Adolescent Mental Health 16(1) (2004) 45-48. ↑
16. Akande, Titilayo Joan. ‘Comparative analysis of the legal framework for adoption under African customary law.’ (2022). ↑
17. Gibson, Priscilla A., Justine Nelson Christinedaughter, Harold D. Grotevant, and Hee-Kyung Kwon. ‘The well-being of African American adolescents within formal and informal adoption arrangements.’ Adoption Quarterly 9(1)(2005): 57-78. ↑
18. Sec 125 Childs Rights Act ↑
19. Ojelabi, Olanike A., Pauline E. Osamor, and Bernard E. Owumi. ‘Policies and practices of child adoption in Nigeria: A review paper.’ (2015). ↑
20. Nwogugu, Edwin I. Family Law in Nigeria. Hebn Publishers, 2014. ↑
21. Momoh, Onyoja. ‘The Recognition at Common Law of Nigerian Adoption Orders in the UK and the Role of the 1993 Hague Convention on Inter-Country Adoption in Nigeria: Learning from Re V (a Child)(Recognition of Foreign Adoption) [2017] EWHC 1733 (Fam).” JL Pol’y & Globalization 98 (2020) 129. ↑
22. Ogwezzy, Oluwatosin Omobalanle. ‘Legal perspective of child adoption under the Nigerian law.’ AGORA Int’l J. Jurid. Sci. 12 (2018) 57. ↑
23. Ibid n23 ↑
24. Onayemi, Olayinka M., and Adeyinka A. Aderinto. ‘Child adoption investigation in Nigeria: Challenges and options.’ The Nigerian Journal of Sociology and Anthropology 15(2)(2019) 87-100. ↑
25. Mrs Ify Obinabo through an interview with ThisDay https://www.thisdaylive.com/index.php/2024/04/10/arrows-of-god-orphanage-and-its-battle-to-undo-the-stigma-of-child-trafficking/ [accessed 20 May 2024] ↑
26. https://fij.ng/article/naptip-charges-arrows-of-god-founder-to-court-after-fijs-investigation/ [accessed 20 May 2024] ↑
27. https://punchng.com/6-things-to-know-about-child-adoption/ [accessed 20 May 20, 2024] ↑
28. Avidime, Solomon, et al. ‘Knowledge and attitude towards child adoption among women in Zaria, northern Nigeria.’ Nigerian Medical Journal 54(4) (2013). ↑
29. Wardle, Lynn D. ‘Parentlessness: Adoption Problems, Paradigms, Policies, and Parameters.’ Whittier J. Child. & Fam. Advoc. 4 (2004) 323. ↑
30. Smith, Linda F. ‘Adoption–The Case for More Options.’ Utah L. Rev. (1986) 495. ↑
31. LaFemina, Diana. ‘The Lawyer’s Role in the Independent Adoption Process: Parental Consent and Best Interests of the Child.’ Touro L. Rev. 3 (1986) 283. ↑