This post contained the legal procedures for child adoption in Nigeria, especially in River’s state. We also We guggested law firm that we know that has helped many parents in their child adoption process.
Child Adoption is a legal process whereby a person assumes the parenting of another’s biological child from the biological parents or legal parent. Legal child adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.
We will focus solely on the procedure for adoption in Rivers State. The procedures for child adoption differs in some state in Nigeria.
Child Adoption Procedure in Rivers State Nigeria
For an adoption to take place there is a special court vested with powers to grant an adoption order depending on the type of adoption taking place. In the Rivers State it is called the Family Court. The Family Court has the Magistrate Court and the High Court Division and its located in the Rivers State High Court premises. The court also has the right to cancel an adoption process if it thinks or get reports that the adoptive parents applied undue pressure or the information supplied were false.
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The laws in most parts of the country provide that an application for an adoption order must be made in the prescribed form (Form 1) and submitted to the registrar of the competent court of the area where the applicant or the juvenile resides. In Rivers State, an application for adoption will be made to the State welfare office. The law governing the adoption of Children in Rivers State currently is the River State Child Rights Law No. 6 of 2022 and the Adoption Law of Rivers State.
The application made to the Ministry of Welfare is to seek for approval to adopt. Attached to the application will be Affidavit deposed to by the child’s relation, the child’s birth certificate etc, once the application is approved, an approval letter will be given to the adopting parents.
The next action is to file a motion in court which will be brought pursuant to Rivers State Child Rights Law. In Section 1 of the Adoption Law of Rivers State 1999, it makes provision as to the application for adoption which is to the effect that application be made in prescribed form and accompanied required documents.
Read: NipeX Registration & Requirements
Key documents to Child Adoption Nigeria
The marriage certificate or a sworn declaration of marriage
A medical certificate of fitness of the applicant signed by a duly registered medical practitioner.
The birth certificate of the child to be adopted.
The medical certificate of fitness of the child signed by a duly registered medical practitioner.
And such other documents the Court may require for the purpose of adoption
On receipt of the application, the court will give an order of investigation to be conducted by Social Welfare Officers, supervision officers, and any other persons as the Court may determine to assess the suitability of the applicant as an adopter and of the child to be adopted
By Section 6 of the Adoption Laws of Rivers State, the court will appoint guardian ad litem for the Juvenile to represent him or her in the adoption proceeding. The person appointed as the guardian ad litem shall be either the Chief Welfare Officer or the welfare officer in charge of the area where the juvenile resides; or a probation officer or some other person suitably qualified in the opinion of the court. The guardian ad litem investigates the circumstances relevant to the proposed adoption and reports in writing to the court.
Read: Child Adoption Procedures in Nigeria
By Section 2 (4) of the Rivers State Adoption Law, an adoption Order shall not be made except the applicant and the Juvenile are resident in Rivers State, the child has been continuously in the care and possession of the applicant for at least 3 consecutive months immediately preceding the date of the order. Prospective adoptive parent (s) must inform the chief welfare officer of their intention to adopt at least three months before the court order is made.
The applicant can consult a private legal assistance to facilitate the process of child adoption.
The confidential report of the welfare officer will be written after several visits to the home of the adoptive parents and after he or she is satisfied that the juvenile is settled and that the prospective adoptive parents are capable of taking care of him or her. In such a case a positive recommendation will be sent to the court. In some states, after the adoption has been granted, the adoptive parents must obtain leave of court before the child can be taken out of the jurisdiction of the court either temporarily or permanently. Furthermore a letter from the social welfare officer to the immigration officer, informing the immigration officer that the adoptive parents are now the legal parents of the juvenile must be obtained before the adoptive parents will be permitted to obtain a passport to take an adopted child out of Nigeria.
Adoption is important in society because it touches on status and therefore affects the rights and obligation of an adopted person. It is always advisable to engage the services of a lawyer to facilitate the process.