Adoption in Nigeria: How Singles, Couples Can Get a Child

There are several reasons a couple or a single person may want to adopt a child in Nigeria but the commonest one is childlessness. In some cases, it may be due to desire for companionship after all the children are grown and left the house. Some also do so to provide an only child with companionship.

The Child Right Act of 2003 clearly defines the process of adoption in Nigeria. Although this law has undergone domestication that varies from state to state, some aspects of the process are consistent across the federation.

Order 26(1) of Nigeria’s Child Right Act of 2003 stipulates that in the case of a couple, they must not be less than 25 years as at the time of applying for adoption and must be at least 21 years older than the child. Thus someone who is 30 years old cannot adopt a 10-year-old child.

In the case of a single person, they must show proof of being at least 35 years old. In both cases, they must show that they have unquestionable character as well as financial capability to take care of the child.

Only a juvenile can be adopted although this interpretation varies from state to state. While some indicate 18 and below as the age for adoption, other states peg it at 17 and below.

The act stipulates that “ an application for adoption shall be made to the court as prescribed in form 3 and shall be accompanied with the relevant documents”. The application is however usually submitted through the state ministry that deals with adoption. In Lagos, it is the Ministry of Youth and Social Development while in some states, it is the Ministry of Women and Social Development. Once the ministry is satisfied with the documents, it sends it to the court.

If the court is satisfied with the application and documentation, it will ask an appointed official who is usually a welfare officer to investigate the couple and verify that they meet the requirement. Usually, the prospective adopters are required to live in the same state they want to adopt from. If the court is satisfied, the adoption will be approved and they will be given a letter of approval that will allow them to visit orphanages and identify with a child. If not, the court will revoke it. In Lagos, the process requires the payment of N80,000 as administrative fee.

Living Fountain Orphanage explained to 234STAR that “before adoption, there must have been a consent by the biological parent. Once the consent is given, the Ministry of Youths and Social Development can go ahead and give the child to an approved adopter. After that, there is a space of three months for legalization. Once the adoption has been legalized, the biological parents have then given up their right to the child” From then on, “very matter concerning the concluded adoption is handled by the Ministry of Youths and Social Development.”

In most cases however, the process is more difficult for an unmarried person. In rare cases however when it is approved, the person can only be allowed to adopt a child of the same sex.

According to Samuel Okoli, a Lagos-based legal practitioner, the necessary documents required by the court are:

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

(b) Birth certificate or sworn declaration of age of the applicant or each of the applicants as the case may be;

(d) A medical certificate of fitness of the applicant or each of the applicants from a government hospital;

(e) Evidence that the applicant(s) are citizen(s) of Nigeria (international passport or National ID card will suffice here);

(f) Evidence that the applicant or in the case of a joint application, both of the applicants have been resident in the FCT, for at least five years and the child is also resident in the territory. (This requirement is not necessary if the adoption application is made in a state other than the FCT;

(i) Evidence that the applicant is married, and written consent of the other spouse;

(j) Where the applicant is unmarried, evidence that he has attained the age of thirty five years and the child to be is of the same sex with him;

(k) Evidence of means by which the applicant will maintain the child.