Adoption is a legal process that creates a new parent-child relationship with all its rights, responsibilities and privileges accrued thereto, between the adopted child and the adoptive parents. Adopting a child enables a person or couple to legally take on parental duties and rights for a child who is not their natural or biological child. It is important to note that the new legal relationship created through adoption terminates the earlier existing legal relationship between the adopted child and his/her natural or biological parents.
In Nigeria, adoption is regulated by enacted laws and the Child Rights Act of 2003 is the primary legislation governing adoption. Many states have domesticated the Child’s Right Act, 2003 and where this this not the case, customary law applies. However, adoption in respect to customary law is often times confused with guardianship or foster parentage.
The law makes provision as to who may be adopted and who may adopt. Sections 128 of the Child’s Right Act provides to the effect that a person who may be adopted must be under 18years of age whose parent or where there is no surviving parent, the guardian must give consent to the adoption. Another category of a child who maybe adopted is a child under 18years of age who is abandoned, neglected or persistently abused and there are compelling reasons in the interest of the child why he should be adopted. Sections 129 on the other hand provides for the category of people who may adopt to wit; couples may jointly adopt, or a spouse may adopt with the consent of the other spouse provided that one of the spouse is at least 25 years old, as well as being at least 21 years older than the adoptive child or a single person who has attained the age of 35years and the child sort to be adopted must be same sex as the adoptive parent.
In Nigeria, adoption is frequently aided through accredited non-governmental organizations (NGOs) and government-licensed adoption agencies or institutions. To start the adoption process, prospective adoptive parents should collaborate with these organizations. Typically, a social worker or other competent expert will need prospective adoptive parents to participate in a home study. The home study is essentially to evaluate the potential parents’ suitability and readiness to give the child a secure and caring environment.
When the necessary consent(s) have been obtained and the required documentation completed, the prospective adoptive parents must then file a petition for adoption in a court of competent jurisdiction. The court will review the case and conduct hearings to ensure that the adoption is in the best interests of the child. If the court is satisfied that the adoption is in the best interests of the child, it will issue an adoption order, which grants the adoptive parents full legal rights and responsibilities for the child.
After an adoption order has been made, section 142 mandates the Chief Registrar of the court to create and maintain an Adopted Children’s Register in which all entries are entered. The entry in the register modifies the child’s birth record to reflect the adoptive parents’ names and formally recognizes the adoption. Since the interest of the child is the paramount concern, the law further makes provision that the child so adopted, should be periodically visited to ascertain the child’s adjustment to the new family and his/her general welfare.
Finally, adoption is a significant and lifelong commitment. Prospective adoptive parents should carefully consider the responsibilities and implications before embarking on the adoption journey.