Funmilayo Olagunju Esq.
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Black’s Laws Dictionary defines adoption as the creation of a Parent – Child relationship by judicial order between two parties who usually are not related; the relation of parent and child created by law between persons who are not in fact parent and child.
There are two types of Adoption;
Customary Adoption
Statutory Adoption
Customary adoption
Customary Adoption is a form of adoption by dictate of Custom and tradition. It is less formal and does not permanently extinguish the biological parent’s right.
The implication of Customary Adoption is such that the child is not severed from his/her biological root.
This form of adoption is common between blood relatives.
For instance, if a child is orphaned or the biological parents do not have a means to take care of him/her, a willing and capable relative might adopt him/her.
There are two types of Customary Adoption;
Formal Adoption
Informal Adoption
Formal adoption
The adoptive parent takes formal customary steps to adopt the child through these stages;
1. There is a meeting where the biological parents, adoptive parents and other family elders are present.
2. The Adoptive Parents signifies interest in adopting the child
3. The biological parent(s) gives consent
4. The parental rights and obligations are transferred to the adopting parents without severing the right of the biological parents.
This is similar to the English concept of foster care placement.
Since informal adoption is common among relatives, the issue of surname is hardly contentious. The Child moves to the adopted family that bears same surname with his/her biological parents.
Informal adoption
This is adoption by conduct without formal procedure.
An example is when a woman brought her child(ren) from earlier marriage or cohabitation into her present marriage and her husband accepts the child by taking responsibility for his/her welfare.
The same applies to women taking responsibility for their step children by virtue of marriage to their father.
Informal Customary Adoption is often created by marriage.
A situation where the step Father/Mother is taking full responsibility for his/her step child as his/her own is an informal customary adoption.
The continuous act of care might cumulate into a de facto adoption, de jure adoption or adoption by estoppel.
Legal implication of customary adoption
The right of the biological parent(s) is not totally severed.
Consequently, there’s a likelihood of contention and conflicting claim to the child from the estranged biological parents and the available adoptive parents.
Be wary of informal adoption of your step children.
Single parents married to someone else should be transparent and dutiful in dealing with offspring from previous marriage/cohabitation.
Deceit is a poor concealer.
“Whatever is hidden away will be brought out into the open, and whatever is covered up will be found out and brought to light”