By Funmilayo Olagunju

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Stages of statutory adoption

1.            Pre approval from the State Welfare Agency

2.            Application to the Court

3.            Court directed investigation by State Welfare Agency

4.            Recommendation by appointed Welfare officer

5.            Court Order granting adoption

6.            Final documentation.

Proof of adoption

       Adoptive parents should obtain a new birth certificate for the child listing them as the child’s parents.

In some States, the Parents must obtain the Court’s permission to remove the child from Nigerian jurisdiction. This is to prevent act of trafficking disguised as adoption.

The Social Welfare officer might be required to submit a letter to the Nigerian Immigration Officer, stating that the adopted parents are now the legal parents.

Every action must be entered into the Adoption Register.

A certified copy of an entry in the Adopted Children’s Register if stamped or sealed by the Registrar’s office shall be proof of such adoption.

Legal implication

1.       It confers all rights and responsibilities of the biological child on the adopted child.

This includes right to inherit from the adoptive Parents. Consequently, she/he cannot inherit from the biological parents.

Section 141(3) Child Right Act

2.  Adoption establishes prohibited consanguinity for purpose of marriage between the adopted child and biological offspring of the adoptive parents.

3.   The adoptive parents cannot marry the adopted child.

This is an offence punishable by Law with imprisonment term not exceeding 14 years.

Section 147(2) Child Right Act

“The Spirit you received does not make you slaves, so that you live in fear again; rather, the spirit you received brought about your adoption to sonship. And by him we cry, Father.”

Romans 8:15 (NIV).