Child Adoption in Nigeria: Understanding the Legal Process and Requirements
A Practical and Legal Guide for Prospective Adoptive Parents
Prepared by: Favour Eze
Introduction
Child adoption is a legal process through which a person or couple assumes permanent parental responsibility for a child who is not their biological child. It is fundamentally different from informal caregiving, fostering, guardianship or custody. Adoption creates a permanent legal relationship between the child and the adoptive parent or parents and, subject to the applicable law, alters the child’s legal relationship with the biological family.
Because adoption has significant and permanent legal consequences, it cannot ordinarily be completed by private agreement between adults. It requires compliance with the applicable statutory framework, assessment by the relevant child-welfare authorities, appropriate consent or judicial dispensation with consent, and an adoption order of the competent court.
In Nigeria, adoption law is substantially state-based. The Child Rights Act 2003 (“CRA”) provides a comprehensive statutory framework for adoption, but the practical legal position must be considered alongside the legislation applicable in the relevant State. In Lagos State, for example, the principal statutory framework includes the Child’s Rights Law of Lagos State 2007 and the rules and procedures governing the Family Court.
Accordingly, prospective adopters should determine the applicable State law and official procedure before making arrangements concerning a child or paying any person or organisation purporting to facilitate an adoption.
- The Legal Framework for Adoption in Nigeria
The CRA is an important starting point for understanding adoption in Nigeria. Part XII of the Act, particularly sections 125–148, deals comprehensively with adoption.
Section 125 requires the establishment of adoption services, while sections 126–148 address matters including applications for adoption, eligibility of children and prospective adopters, consent, restrictions on adoption orders, interim orders, jurisdiction, appeals, the legal effect of adoption, registration and restrictions on certain payments.
Section 1 of the CRA establishes the principle that the best interests of the child shall be the paramount consideration in every action concerning a child.
However, adoption is not governed by one uniform administrative procedure throughout Nigeria. The legal position must therefore be considered with reference to the law applicable in the particular State.
Lagos State, for example, enacted the Child’s Rights Law of Lagos State 2007, which provides for adoption services and procedures and establishes a Family Court structure. The Law contains provisions dealing specifically with adoption, including applications, eligibility, consent, adoption orders, interim orders, the effect of adoption and registration.
The consequence is important: the fact that an adoption may be lawful under the general Nigerian framework does not mean that every State will operate an identical application or administrative process.
Prospective adopters should therefore obtain the current requirements directly from the relevant State authority before commencing the process.
- The Best Interests and Welfare of the Child
The welfare and best interests of the child are at the centre of adoption proceedings.
Section 1 of the CRA makes the best interests of the child the paramount consideration in actions concerning children. In adoption proceedings, section 126 further requires consideration of the need to safeguard and promote the child’s welfare and, as far as practicable, to ascertain and give due consideration to the child’s wishes and feelings, having regard to the child’s age and understanding.
This principle means that adoption is not simply a mechanism for adults who wish to become parents. The legal process is designed to determine whether adoption is appropriate for the particular child and whether the proposed adoptive placement is suitable.
The court and relevant child-welfare authorities may therefore consider matters such as the prospective adopter’s circumstances, family environment, ability to care for the child, motivation for adoption and the child’s particular needs.
- Who May Adopt a Child?
Eligibility is determined by the law applicable in the relevant jurisdiction. Under section 129 of the CRA, the following categories may apply for an adoption order:
- a married couple where each spouse has attained the age of 25 years and there is an order authorising them jointly to adopt;
- a married person, subject to the statutory requirements concerning the consent of the spouse;
- a single person who has attained the age of 35 years, provided that the child to be adopted is of the same sex as the applicant; and
- applicants who are found suitable to adopt the particular child by the appropriate investigating officers.
These statutory requirements should not, however, be treated as an exhaustive checklist for approval.
An applicant’s suitability may also be assessed through the prescribed social-welfare and investigative process. Depending on the jurisdiction and circumstances, this may involve consideration of health, accommodation, financial circumstances, family relationships, references, criminal or safeguarding concerns and the applicant’s ability to meet the child’s long-term physical, emotional, educational and developmental needs.
It is therefore important to distinguish between statutory eligibility and suitability for a particular placement. Satisfying a statutory age or marital-status requirement does not automatically entitle an applicant to an adoption order.
- Consent to Adoption
Consent is one of the principal safeguards in adoption proceedings.
Section 132 of the CRA addresses the consent required for adoption. Depending on the circumstances, consent may be required from the child’s parents, guardian or other persons identified by the applicable law.
Consent must be obtained in the legally prescribed manner. A private family agreement, verbal consent, payment to a biological parent, referral by an intermediary or the fact that an applicant has been caring for a child does not, by itself, constitute a completed adoption.
There are circumstances in which the court may make an adoption order without the consent of a person whose consent would ordinarily be required. Section 128 of the CRA recognises, among other circumstances, cases where a child has been abandoned, neglected or persistently abused or ill-treated and there are compelling reasons, in the child’s interest, why the child should be adopted.
The court must determine whether the statutory conditions have been satisfied. Prospective adopters should therefore avoid attempting to obtain or manufacture consent privately where a statutory or judicial process is required.
The consent provisions are particularly important from a child-protection perspective because they help guard against coercion, exploitation, trafficking and unlawful removal of children from their families.
- The Adoption Process in Nigeria
Although procedures differ among States, a lawful domestic adoption will generally involve several stages.
Step 1: Identify the Applicable Jurisdiction and Authority
The prospective adopter should first determine the State whose adoption law and procedure apply.
The applicant should then approach the relevant Ministry, Department or authorised child welfare/adoption service responsible for processing applications.
In Lagos State, child-welfare functions fall within the governmental social-development structure, while adoption proceedings are dealt with within the Family Court framework established under the Child’s Rights Law.
Step 2: Submit the Application and Supporting Documents
The applicant will ordinarily be required to complete the prescribed application forms and submit supporting documents.
Depending on the applicable State procedure, documents may include:
– evidence of identity;
– proof of residence;
– marriage certificate, where applicable;
– photographs;
– medical reports;
– evidence of financial circumstances;
– references;
– evidence concerning the applicant’s family circumstances; and
– other documents prescribed by the relevant authority.
Applicants should obtain the current documentary checklist from the responsible authority because administrative requirements may change.
Step 3: Interviews, Counselling and Assessment
The adoption authority may undertake interviews, counselling, home visits and social-welfare assessments.
The purpose is not merely to determine whether an applicant wants a child, but whether the applicant can provide a safe, stable and appropriate family environment.
The assessment may examine the applicant’s:
– physical and emotional circumstances;
– home environment;
– family relationships;
– financial capacity;
– motivation for adoption;
– support network;
– understanding of adoption and its permanence; and
– ability to meet the child’s particular needs.
Safeguarding and background checks may also form part of the assessment process.
Step 4: Lawful Referral and Placement
A child should be referred and placed through the authorised process.
Prospective adopters should exercise particular caution where a person privately offers them a child for adoption, particularly where money is demanded or where the person cannot demonstrate authority to facilitate the placement.
The physical transfer of a child to prospective adopters does not itself create an adoptive relationship.
Step 5: Consent and Related Judicial Issues
The relevant consents must be obtained in accordance with the applicable law.
Where consent is unavailable, disputed or legally capable of being dispensed with, the matter should be addressed through the competent court rather than by private arrangement.
Step 6: Any Required Supervision or Interim Placement
Depending on the applicable law and circumstances, the child may be placed with prospective adopters subject to supervision or an interim order before a final adoption order is made.
The purpose is to enable the relevant authorities and, ultimately, the court to assess whether the proposed placement serves the child’s welfare.
Step 7: Application to the Court
The prospective adopter must make the appropriate application to the competent court in accordance with the applicable legislation and court rules.
The court may consider the adoption application, investigation or welfare reports, consents and other relevant evidence before determining whether an adoption order should be made.
In Lagos State, the Child’s Rights Law establishes a Family Court structure with jurisdiction over matters falling within the legislation.
Step 8: Post-Order Documentation
Once an adoption order has been made, the adoptive parents should obtain certified copies of the relevant court order and complete any required registration and documentation.
The adopted child’s records may subsequently be relevant to matters such as identification, travel, immigration, nationality and recognition of the adoption in another jurisdiction.
- The Court’s Role in an Adoption
The court plays a central role in transforming an intended placement into a legally recognised adoption.
Under section 130 of the CRA, the court has the power to make an adoption order upon an application made in the prescribed manner. The court’s jurisdiction and the applicable procedural requirements are addressed further under sections 136 and 137.
The court is not merely required to approve an agreement reached between adults. It must be satisfied that the statutory requirements have been met and that making the order is consistent with the welfare and best interests of the child.
The court may also make interim orders in appropriate circumstances pursuant to section 135.
This judicial oversight is one of the principal distinctions between adoption and informal arrangements for caring for a child.
- The Legal Effect of an Adoption Order
Adoption is intended to create a permanent legal relationship.
Section 141 of the CRA addresses the effect of an adoption order. Subject to the terms and limitations prescribed by the applicable law, an adoption order establishes the legal relationship between the child and the adoptive parent or parents and affects the child’s legal relationship with the biological family.
This is fundamentally different from fostering or guardianship.
A foster parent may provide care without becoming the child’s legal parent. A guardian may acquire specified parental responsibilities without the legal consequences associated with adoption. Adoption, by contrast, is intended to establish a permanent parent-child relationship.
For this reason, a person should not describe a child as legally “adopted” merely because the child has been living with them for an extended period.
Placement is not the same as adoption. An adoption order is the critical legal instrument.
8. Prohibited and Unauthorised Payments
Prospective adopters should be particularly cautious about financial transactions connected with adoption.
Section 143 of the CRA prohibits certain payments in connection with adoption. The statutory safeguards reflect the fundamental principle that children must not become the subject of commercial transactions.
Accordingly, applicants should not pay biological parents, unapproved intermediaries or other persons in exchange for surrendering or arranging the placement of a child.
Legitimate administrative or professional expenses should be distinguished from payments intended to procure a child or improperly influence a placement.
Where a person demands money as a condition for “securing” a child, the prospective adopter should obtain legal advice and verify the person’s authority before proceeding.
- Inter-State and Cross-Border Adoption
Additional safeguards may apply where an adoption involves movement of a child between Nigerian States or outside Nigeria.
The CRA contains specific provisions concerning inter-State adoption and the licensing of persons involved in giving a child for inter-State adoption, including sections 144 and 145.
This means that prospective adopters should not assume that because they have lawfully obtained custody or placement of a child in one State, they may automatically move the child to another State or outside Nigeria.
Cross-border cases are particularly sensitive because three separate legal questions may arise: 1. Is the adoption valid under Nigerian law?
- Will the adoption be recognised in the adopter’s country of residence?
- Does the child have the necessary immigration, nationality and travel status to enter and remain in that country?
These questions should be addressed before the child is moved across an international border.
10. Why Professional Legal Advice Matters
Adoption involves the intersection of child protection, family law, court procedure and, in international cases, immigration and nationality law.
Prospective adopters should therefore avoid relying solely on:
– informal family arrangements;
– verbal promises;
– private placement arrangements;
– unverified adoption agents;
– social-media advertisements;
– payments to intermediaries; or
– assumptions based on another person’s adoption experience.
A lawyer experienced in family and child law can assist with:
– identifying the applicable legislation;
– determining eligibility;
– reviewing documentary requirements;
– advising on consent;
– liaising with relevant authorities;
– preparing or reviewing court processes;
– addressing disputed consent;
– advising on placement and interim orders;
– obtaining and reviewing the adoption order;
– addressing inter-State issues; and
– advising on international recognition, immigration and nationality implications.
Early legal advice is particularly important in an intercountry adoption because an otherwise valid Nigerian court order may not, by itself, resolve the legal requirements of the receiving country.
- Practical Checklist for Prospective Adoptive Parents
Before commencing an adoption, prospective adopters should establish the following:
Jurisdiction
– Which Nigerian State’s law applies?
– Which court has jurisdiction?
– Which government authority administers adoption services?
Eligibility
– Do the applicants satisfy the applicable age requirements?
– Does their marital status satisfy the relevant legislation?
– Are there any restrictions concerning the relationship between the applicant and the child? – Are the applicants suitable to adopt the particular child?
Documentation
– What identity documents are required?
– Are medical reports required?
– Are marriage, financial and residence documents required?
– What references and photographs must be submitted?
Consent
– Whose consent is legally required?
– How must the consent be obtained?
– What happens if a person refuses consent?
– Is there a legal basis for the court to dispense with consent?
Assessment and Placement
– Is counselling required?
– Will there be a home assessment?
– Is a supervised placement or interim order required?
– Which authority is responsible for monitoring the placement?
Court Process
– Which court should receive the application?
– What reports and evidence must be filed?
– What hearings are required?
– When does the court have power to make the final adoption order?
Post-Adoption
– How is the adoption registered?
– How are the relevant records obtained?
– What documents should the adoptive parents retain?
International Cases
– Will the adoption be recognised in the receiving country?
– Are there restrictions on adoption from Nigeria?
– Is prior approval required?
– Does the child qualify for entry, residence or nationality?
– What passport and immigration documents will be required?
Conclusion
Child adoption in Nigeria is a legally regulated and child-centred process. It is not equivalent to taking responsibility for a child informally, entering into a private custody arrangement or providing a home for a child for an extended period.
The applicable law requires the involvement of authorised child-welfare structures and the competent court, with the welfare and best interests of the child at the centre of the decision-making process.
The legal framework also demonstrates why prospective adopters should determine the applicable State law at the outset. Although the Child Rights Act 2003 provides a significant national framework, State legislation and court procedures remain critical to the practical implementation of adoption.
Intercountry adoption requires an additional layer of caution. A Nigerian adoption order does not automatically answer questions of foreign recognition, immigration, nationality or passport entitlement.
The safest approach is therefore to follow the authorised adoption process, avoid private or unauthorised child-placement arrangements, ensure that all required consents and assessments are properly addressed, and obtain appropriate legal advice before making any financial or practical commitment.
Adoption is ultimately about securing a lawful, permanent and suitable family environment for a child. The legal process exists to ensure that this objective is achieved with the necessary safeguards.
Selected Legal Authorities and References
- Child Rights Act 2003 (Federal Republic of Nigeria), ss 1, 125–148, particularly ss 126, 128– 143.
- Child’s Rights Law of Lagos State 2007, provisions relating to adoption and the Family Court, particularly the adoption provisions and Family Court jurisdiction.
- Child’s Rights Law of Lagos State 2007, provisions establishing the paramount consideration of the best interests of the child.
- Family Court of Lagos State (Civil Procedure) Rules 2021, as applicable to proceedings before the Lagos State Family Court.
- Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 29 May 1993 (Hague Convention on Intercountry Adoption).
- Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021, SI 2021/64.