Understanding The Adoption Process in Nigeria
For many individuals and families, the decision to adopt a child is deeply personal. For some, adoption provides an opportunity to build or expand a family. For others, it is a deliberate decision to provide a permanent and secure home for a child who needs one.
Whatever the motivation, adoption in Nigeria is not simply a private arrangement between adults concerning the care of a child. It is a regulated legal process that permanently changes the legal relationship between the child, the biological family and the adoptive parent or parents.
A properly completed adoption gives the adoptive parent significant parental rights and responsibilities and, under the Child Rights Act framework, places the adopted child in substantially the same legal relationship with the adopter as a biological child in matters including custody, maintenance, education and inheritance.
This is why anyone searching for information on how to adopt a child in Nigeria should understand an important distinction from the outset: taking a child into your home is not necessarily the same thing as legally adopting that child.
Informal arrangements, private agreements with biological parents, arrangements through an orphanage, fostering and guardianship do not automatically amount to legal adoption.
A valid adoption requires compliance with the law applicable in the relevant Nigerian state, involvement of the appropriate child welfare authorities and, ultimately, an adoption order from the competent court.
Adoption Law in Nigeria Is Not Uniform
One of the most important things prospective adoptive parents need to understand about the adoption process in Nigeria is that there is no single procedure that can safely be applied to every state.
The Child Rights Act 2003 provides an extensive statutory framework for adoption under Part XII, covering matters such as who may adopt, children who may be adopted, investigations, consent, adoption orders, registration, prohibited payments and inter-state adoption.
However, child welfare and adoption are administered substantially at state level. States therefore have their own Child Rights Laws, adoption laws, regulations, administrative practices and procedures.
The requirements applicable to an adoption in Lagos State may not be identical to those applicable in the Federal Capital Territory, Ogun State, Rivers State, Anambra State or another part of Nigeria.
There may be differences regarding:
- age and marital status requirements;
- citizenship or residency requirements;
- whether single applicants may adopt;
- the sex of a child that a single applicant may adopt;
- application procedures;
- required documents;
- social welfare assessments;
- bonding or fostering periods;
- court procedure;
- inter-state movement of the child; and
- post-adoption supervision.
Accordingly, anyone considering adoption should first determine which state’s law governs the proposed adoption before relying on general information found online.This is particularly important for Nigerians living abroad who search for an adoption lawyer in Nigeria with the assumption that the entire adoption process can be completed remotely.
What Laws Govern Adoption in Nigeria?
The principal legal framework usually includes the Child Rights Act 2003 in the Federal Capital Territory and corresponding Child Rights Laws or adoption legislation applicable in the relevant state.
Under Part XII of the Child Rights Act, provision is made for adoption services, applications for adoption, eligible adopters, consent, court orders, adoption registers, prohibited payments and related matters.
State legislation must nevertheless be examined before advising a prospective adopter because the applicable conditions may vary.
Where an adoption has an international dimension, another layer of law becomes relevant.
For example, a Nigerian resident in the United Kingdom, United States, Canada, Europe or elsewhere who intends to adopt a Nigerian child and subsequently relocate the child abroad must consider not only Nigerian adoption law but also the immigration, citizenship, adoption recognition and child protection requirements of the country where the family intends to live.
A Nigerian adoption order should never be assumed automatically to entitle a child to enter or acquire citizenship in another country.
Nigeria is presently not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. This can have important consequences for international adoption procedure and recognition in other jurisdictions.
For this reason, inter-country adoption from Nigeria requires more careful planning than an ordinary domestic adoption.
Who Can Adopt a Child in Nigeria?
There is no completely uniform answer because the applicable state legislation must first be identified. Under the Child Rights Act framework, however, certain important requirements illustrate the nature of the eligibility assessment.
Section 129 recognises applications from married couples, married persons in specified circumstances and single applicants subject to statutory conditions. Under that provision, a single applicant must have attained 35 years and the child must ordinarily be of the same sex as the applicant. Married couples are also subject to statutory age and suitability requirements.
Section 131 contains additional restrictions, including age differences between the adopter and child, residence, citizenship and the period for which the child must have been in the applicant’s care. Under the federal framework, the applicant or at least one joint applicant must be at least 25 years old and at least 21 years older than the child. It also contains residency and Nigerian citizenship requirements.
These provisions should not simply be copied and applied to every Nigerian adoption. The corresponding law of the particular state must be checked.
Can a Single Woman Adopt a Child in Nigeria?
Potentially, yes, depending on the applicable state law and the circumstances. Single applicants are permitted under some Nigerian adoption regimes, although additional requirements may apply concerning age, sex of the child and suitability.
Can a Single Man Adopt a Child in Nigeria?
Again, this depends on the relevant legislation. Under the Child Rights Act framework, a single applicant must ordinarily adopt a child of the same sex. Anyone contemplating adoption as a single parent should therefore obtain advice on the specific law of the state concerned before beginning the process.
Can Married Couples Adopt Jointly?
Yes. Joint adoption by married couples is recognised under Nigerian adoption law, subject to the applicable eligibility and suitability requirements. Marriage certificates or other acceptable proof of marriage will generally form part of the required documentation.
Can Nigerians Living Abroad Adopt a Child in Nigeria?
This is one of the areas in which prospective adopters should obtain legal advice before taking any significant step.
A Nigerian living in the United Kingdom, United States, Canada, Europe, the Middle East or another country should not assume that Nigerian citizenship alone means that he or she can arrive in Nigeria, identify a child and obtain an adoption order within a few weeks.
Residency and bonding requirements differ between jurisdictions.
Under section 131 of the Child Rights Act framework, for example, there are requirements concerning residence in the state in which the application is made, residence of the child and the applicant, citizenship and a period during which the child must have been in the applicant’s care.
Other states may operate differently.
For a diaspora client, an experienced adoption lawyer in Nigeria should therefore investigate at least four issues before the adoption starts:
- Whether the client is eligible under the law of the relevant Nigerian state.
- What physical presence, residency or bonding requirements apply.
- Whether the proposed adoption will be recognised in the client’s country of residence.
- What immigration, passport, visa or citizenship procedure will be required after the Nigerian adoption order.
This should ideally be determined before the prospective parent becomes emotionally committed to a particular child.
Who Can Legally Be Adopted?
Not every child living in an orphanage or children’s home is legally available for adoption. A child may be temporarily placed in institutional care while still having biological parents or relatives with legal rights and responsibilities in relation to the child.
Under section 128 of the Child Rights Act, an adoption order should not be made unless the required parental or guardian consent exists, or circumstances such as abandonment, neglect, persistent abuse or ill-treatment provide compelling reasons for adoption in the child’s interest.
The legal status and history of the child must therefore be properly established.
Prospective adopters should be extremely cautious if an individual, intermediary or institution simply tells them:
“You can take this child.”
The relevant questions are instead:
Who are the child’s biological parents?
Are they alive?
Has consent been lawfully obtained?
Was the child abandoned?
How was the abandonment established?
Are there official welfare or police records?
Who currently has legal custody?
Is the institution caring for the child properly registered or authorised?
Has the appropriate government authority cleared the child for adoption?
Is there documentation establishing the child’s history and legal status?
These questions are essential both for protecting the child and for protecting the prospective adoptive parents from a future challenge to the adoption.
What Documents Are Required to Adopt a Child in Nigeria?
The documentation required varies by jurisdiction.
Under section 126 of the Child Rights Act, an application may require documents including:
- marriage certificate or sworn declaration of marriage where appropriate;
- birth certificate or sworn declaration of age;
- passport photographs;
- medical certificate of fitness from a government hospital; and
- any additional documentation or information required by the court.
Depending on the state and circumstances, applicants may additionally be asked to provide documents such as identification, evidence of Nigerian citizenship, employment information, evidence of income or financial capacity, police clearance, references, residential information and other documents required by the relevant social welfare authority.
For diaspora applicants, additional documents may be necessary, particularly where foreign residency, foreign marriage documentation, criminal record checks, overseas home studies or immigration matters are involved.
The Adoption Process in Nigeria: Step by Step
Although the precise procedure varies between states, a properly managed adoption will usually involve several important stages.
Step 1: Determine the Applicable State Law
This should come before searching for a child.
A prospective adopter should first establish whether he or she satisfies the legal requirements of the state where the adoption is proposed.
This preliminary eligibility review can prevent months of wasted effort.
Step 2: Approach the Appropriate Government Adoption or Social Welfare Authority
The adoption process should be initiated through the government authority responsible for adoption and child welfare in the relevant state.
Prospective parents should be cautious about attempting to commence an adoption exclusively through a private orphanage, individual intermediary or so-called “adoption agent”.
Government social welfare involvement is a central part of the legitimate process.
Step 3: Submit the Required Application and Supporting Documents
The prospective adopter provides the documents required by the relevant authority.
The information is used to assess matters such as identity, age, marriage, health, character, financial stability, home environment and general suitability to parent a child.
Step 4: Background Investigation and Home Assessment
Adoption is not granted simply because an applicant has the financial means to raise a child.
Under the Child Rights Act framework, the court may direct investigations by child development, supervision or other appropriate officers to assess both the suitability of the applicant and the circumstances of the child.
A social worker may therefore conduct interviews and visit the applicant’s home.
The objective is not to determine whether prospective parents are wealthy. It is to determine whether the proposed placement is safe, stable and consistent with the child’s welfare.
Step 5: Matching and Confirmation of the Child’s Adoptability
The prospective adopter may subsequently be matched with a child through the appropriate process.
At this stage, the child’s legal status should be carefully verified.
A prospective parent should not make private payments to biological parents, orphanage staff or intermediaries in exchange for receiving a child.
Step 6: Bonding, Fostering or Pre-Adoption Placement
A child will ordinarily spend a prescribed period in the care of the prospective adoptive parent before a final adoption order is made.
Under section 131 of the Child Rights Act framework, the child must have been in the applicant’s care for at least three consecutive months immediately preceding the making of the adoption order.
Different state procedures may impose different practical requirements or longer administrative periods.
This period allows welfare officials to assess how the child is settling into the proposed family.
Step 7: Application to the Competent Court
Adoption does not become legally complete simply because a Ministry or social welfare department has approved the prospective parents.
The court ultimately grants the adoption order.
The relevant court will consider the application, supporting documents, social welfare reports, statutory conditions and any required consent.
The central consideration remains the welfare and best interests of the child.
Section 126 expressly requires consideration of the child’s welfare and, where practicable, the wishes and feelings of the child having regard to the child’s age and understanding.
Step 8: Verification of Consent
Where consent is legally required, the court must ensure that valid consent has been obtained.
The court may in appropriate circumstances dispense with consent where, for example, the person whose consent is required cannot be found, lacks capacity to give consent or is withholding consent unreasonably.
The existence of a signed piece of paper should therefore not be treated as the end of the consent enquiry.
The circumstances surrounding the consent matter.
Step 9: Adoption Order
If the court is satisfied that the applicable statutory requirements have been fulfilled and that adoption serves the child’s welfare and best interests, it may make an adoption order.
Before doing so, the Child Rights Act requires the court to satisfy itself regarding matters including consent, understanding of the consequences of adoption, the welfare and best interests of the child and prohibited payments.
The adoption order is the critical legal instrument that establishes the new legal parent-child relationship.
Step 10: Registration and Post-Adoption Documentation
The process should not stop after obtaining the court order.
The adoption must be properly recorded and the relevant civil-status documentation completed.
Section 142 of the Child Rights Act provides for an Adopted Children Register and directions involving the Chief Registrar and National Population Commission.
Where the child will travel or relocate outside Nigeria, passport, immigration, visa, citizenship and any required court or administrative approvals should then be dealt with.
Is It Legal to Pay Someone for a Child?
No prospective adopter should treat adoption as a commercial transaction. This is one of the most serious red flags in an adoption matter. Section 143 of the Child Rights Act prohibits certain payments or rewards made in consideration of or to facilitate an adoption except where properly sanctioned.
Legitimate expenses such as approved government fees, court fees, professional fees, medical expenses and documented administrative costs should be distinguished from paying a person to surrender or supply a child.
If anyone demands a large private payment and tells you that it will “secure” a particular baby or speed up the adoption, obtain independent legal advice immediately.
Can an Orphanage Give You a Child for Adoption?
An orphanage or children’s home cannot by itself replace the statutory adoption process.
Even where a child is resident in a legitimate facility, prospective parents should establish:
- whether the facility is duly authorised;
- how the child came into the facility;
- whether biological parents or guardians have been identified;
- whether the child’s documentation is genuine;
- whether the relevant social welfare authority is involved; and
- whether the child has been lawfully cleared for adoption.
One of the greatest risks in adoption practice is discovering after significant emotional attachment has developed that the child was never legally available for adoption.
Can Biological Parents Take Back a Child After Adoption?
Before a final adoption order, issues surrounding consent and custody can be complicated. After a valid final adoption order, however, the legal consequences are substantially different. Under section 141 of the Child Rights Act, rights and obligations relating to the child’s future custody, maintenance, supervision and education are transferred to the adopter, and the child stands in relation to the adopter as a child born to that adopter for specified purposes.
This is one reason proper legal completion of the adoption is essential. Informally “giving” a child to another family does not create the same level of legal certainty.
Does an Adopted Child Have Inheritance Rights in Nigeria?
Under the Child Rights Act framework, yes. Section 141 provides that, for purposes of devolution of property on the intestacy of an adopter, an adopted child is treated as a child born to the adopter. The section also contains provisions concerning references to children in subsequent dispositions of property.
Nevertheless, adoptive parents should still review their wills and wider estate planning after completing an adoption. A properly drafted Will can remove uncertainty and ensure that the family’s succession arrangements accurately reflect the parents’ intentions.
Adoption for Nigerians Living in the UK, US, Canada and Other Countries
Diaspora adoption requires particular caution as there are really two legal processes to consider.
The first is whether the adoption is valid under Nigerian law while the second is whether the child can lawfully enter, reside in and potentially acquire citizenship or immigration status in the country where the adoptive parent lives.
For example, United States authorities expressly warn that a Nigerian adoption order does not by itself establish that a child satisfies United States immigration requirements. US authorities have also reported significant concerns regarding documentation and adoption fraud in some Nigerian cases.
A Nigerian living overseas should therefore involve both Nigerian adoption counsel and, where necessary, competent immigration or family law counsel in the destination country before the Nigerian adoption is finalised. The correct sequence of steps can be critical.
Can Adoption Be Done Completely by Power of Attorney?
Prospective parents living abroad sometimes ask whether they can appoint a Nigerian lawyer or relative to complete the entire adoption while they remain overseas.
A lawyer can certainly assist with documentation, preliminary enquiries, court processes and coordination. However, adoption involves assessments of the prospective parent, bonding with the child and, depending on the applicable jurisdiction, physical presence and residence requirements.
For example, US guidance on Nigerian inter-country adoption notes that proxy adoption is generally not available and that one or both prospective parents will ordinarily need to be physically present in connection with the Nigerian proceedings.
How Long Does Adoption Take in Nigeria?
There is no reliable national timetable for the adoption process. The duration depends on various factors including:
- the state concerned;
- the applicant’s eligibility;
- completion of required documents;
- social welfare assessments;
- availability and legal status of children eligible for adoption;
- statutory notice requirements;
- bonding or fostering periods;
- court schedules;
- consent issues; and
- whether the adoption has an international dimension.
Prospective parents should therefore be wary of anyone guaranteeing an adoption within an unusually short period.
Speed should never be achieved at the expense of legal compliance or proper verification of the child’s circumstances.
How Much Does Adoption Cost in Nigeria?
There is also no responsible single answer to “How much does it cost to adopt a child in Nigeria?”
This is because costs vary depending on jurisdiction and complexity. Legitimate expenses may include government application or administrative charges, medical examinations, documentation expenses, court filing fees, legal professional fees, travel costs and, in international cases, foreign immigration and professional costs.
Prospective parents should distinguish legitimate professional and administrative expenses from prohibited payments for the procurement or release of a child. Where substantial payments are requested, they should be properly explained, documented and receipted.
Common Adoption Mistakes Prospective Parents Should Avoid
Some of the most serious adoption problems arise because prospective parents begin emotionally before they begin legally.
Common mistakes include:
Dealing directly with an unverified intermediary. A person who claims to “know somebody in an orphanage” is not an adoption authority.
Paying for a child. Adoption is not the purchase of parental rights.
Failing to investigate the child’s history. An apparently abandoned child may have parents, relatives or existing legal arrangements that must be addressed.
Assuming an orphanage can authorise adoption. Institutional custody is not the same as legal authority to permanently transfer parental rights.
Using false birth documentation. Creating documentation that falsely presents adoptive parents as biological parents can create serious future legal and immigration difficulties.
Removing the child from the relevant jurisdiction prematurely. Inter-state and international movement may require approvals. The Child Rights Act specifically regulates certain inter-state transfers connected with adoption.
Assuming adoption guarantees a foreign visa. Nigerian adoption law and foreign immigration law must both be satisfied.
Failing to complete the court process. Foster placement or administrative approval is not a substitute for a final adoption order.
Why Use an Adoption Lawyer in Nigeria?
Not every adoption matter requires unnecessary legal complexity. However, professional legal guidance is particularly valuable because adoption affects permanent parental rights and the legal identity of a child.
An experienced child adoption lawyer in Nigeria should do considerably more than prepare a court application. Legal assistance should include determining the correct jurisdiction, reviewing eligibility, explaining the applicable state adoption law, reviewing documentation, identifying potential legal obstacles, liaising appropriately with social welfare authorities, verifying the legal basis upon which the child is available for adoption, preparing the court proceedings and advising on post-adoption registration.
For diaspora and inter-country adoption matters, the lawyer should also identify potential cross-border issues early enough for the client to obtain appropriate immigration or foreign family law advice. The objective is not simply to obtain an adoption order but to ensure that the adoption is lawful, defensible, properly documented and capable of achieving the family’s intended outcome.
Frequently Asked Questions About Adoption in Nigeria
How do I start the adoption process in Nigeria?
Start by determining the state in which the adoption will take place and confirming your eligibility under that state’s law. The appropriate social welfare or adoption authority should then guide the administrative process.
Do I need a lawyer to adopt a child in Nigeria?
Legal representation can be particularly valuable for reviewing eligibility, documentation, consent, court procedure and cross-border issues. It becomes even more important where the prospective adopter lives abroad or where there are unusual circumstances surrounding the child.
Can I adopt a newborn baby in Nigeria?
Potentially, but the child must first be lawfully available for adoption. A private arrangement with the biological mother should not be treated as a substitute for the statutory process.
Can I adopt my relative’s child?
Kinship or relative adoption may be possible, but the legal requirements do not disappear simply because the parties are related. The precise circumstances and applicable state law should be reviewed.
Can I adopt while living outside Nigeria?
Potentially, but residency, physical presence, bonding and foreign immigration requirements may affect the process. Diaspora applicants should obtain advice before commencing the adoption.
Can foreigners adopt children from Nigeria?
The answer depends substantially on the law of the Nigerian state concerned and the applicant’s circumstances. Citizenship and residence restrictions apply under some adoption regimes. Inter-country applicants must also satisfy the laws of their country of residence.
Does an adoption order automatically give the child a passport or foreign citizenship?
No. Adoption, passport entitlement, immigration status and citizenship are separate legal questions.
A Final Word on Adopting a Child in Nigeria
Adoption can create a permanent family relationship and provide a child with security, care and belonging. Precisely because the consequences are so significant, Nigerian law places safeguards around the process.
Anyone considering child adoption in Nigeria should resist shortcuts. Before accepting a child, making significant payments, relying on an intermediary or making travel arrangements, first establish the legal position. The most important questions are not simply:
“Where can I find a child to adopt?”
They are:
“Am I legally eligible to adopt?”
“Is this child legally available for adoption?”
“Which state’s law governs the process?”
“Have all necessary consents and welfare investigations been completed?”
“Will the eventual adoption order achieve what I need, particularly if I live outside Nigeria?”
Getting those questions right at the beginning can prevent serious emotional, financial, immigration and legal difficulties later.
How Black Oak Legal Can Help With Adoption in Nigeria
At Black Oak Legal, we advise individuals, couples and Nigerians living abroad on the legal aspects of adoption in Nigeria.
Our family law team assists clients with preliminary adoption eligibility assessments, state-specific adoption requirements, documentation review, liaison with relevant authorities, adoption court proceedings, adoption orders and post-adoption legal documentation.
For Nigerians living abroad, we also help identify the Nigerian legal and procedural issues that should be addressed before an adoption is commenced, including questions relating to physical presence, residency, documentation, removal of the child from Nigeria and coordination with foreign immigration or family law advisers where required.
If you are considering adopting a child and need an adoption lawyer in Nigeria, it is usually better to obtain legal guidance before beginning the process rather than attempting to correct irregularities after a child has already been placed with you.
Disclaimer: The information on this website is for general guidance only and does not constitute legal advice. Viewing or using this content does not create a solicitor–client relationship with Black Oak Legal. For advice on your specific circumstances, please contact us directly usind any of the contact links on the website.
