HOW DO I ADOPT A CHILD?

According to the Blacks Law Dictionary, adoption is said to be the legal process pursuant to the state in which a child’s legal rights and duties towards its natural parents are terminated and similar rights and duties towards its adoptive parents are substituted. Explaining further in descriptive terms, it is said to be a process by which one takes into one’s family the child of another, and gives him or her the rights privileges, and duties of a child and heir. The procedure is purely statutory and has no basis in common law.[1] In other words, every state is expected to enact laws that will govern adoption in their territory.

On the premise of adoption being purely statutory in nature, different states in Nigeria have enacted laws to regulate adoption in their respective jurisdictions. The focus here shall however be Lagos State. The applicable law in matters of adoption in Lagos State is the Child Rights Law of 2007, Ch. C7, Laws of Lagos State.

REQUIREMENTS

The requirements are itemized in Section 116, and reproduced below accordingly:

a. An application is first made to the Ministry of Youth and Social Development. (They have their office at Alausa, Ikeja).

b. You must attach your marriage certificate or a sworn declaration of marriage.

c. You must attach your birth certificate or sworn declaration of age of each applicant.

d. Two passport photographs of each applicant.

e. A medical certificate of fitness of the applicant from a government hospital; [2]

Upon receiving such application, the officer in charge will file the needed documents in Court and Section 116(2) states what the Court will do upon receiving the application:

a. The Court will order social welfare officers;

b. Supervision officers; and

c. Such other persons as the Court may determine, to investigate, to enable the Court assess the suitability of the applicant as an adopter and of the child to be adopted.

AM I ELIGIBLE TO ADOPT?

The Child Rights Law, Ch.C7, Laws of Lagos State, answers this question in Section 119 as follows:

a. A married couple may adopt where – 

i. Each of them has attained the age of twenty-five (25) years, and

ii.  There is an order authorizing them to jointly adopt a child;

b. A married person, if he or she has obtained consent of his or her spouse, as required under section 124 of this Law;

c. A single person, if he or she has attained the age of thirty-five (35) years; 

d. In all the cases specified in subsections (a), (b) and (c) of this section, the adopter or adopters must be persons found to be suitable to adopt the child in question by the appropriate investigating officers.

For further enquiries on adoption and the procedures, kindly reach out to the Lagos State Government Ministry of Youth and Social Development, Alausa Ikeja, Lagos, and other ministries alike in other jurisdictions.

• Write-up by: Oluwatosin Ishola-Coker

Senior Associate

M.I. Jegede & Co

Legal Practitioners.

11, Maye Street,

Sabo, Yaba, Lagos.

08169227367.

[1] Blacks Law Dictionary, 6^th Edition

[2] The Court has the discretion to ask or require further documents as deemed necessary to protect the interest of the child.