The Concept of Child Adoption in Nigeria and its Legal Effect under the Child’s Rights Act, 2003

Abstract

Child adoption is the creation of family relationship between a child and another person(s) who is/are not the natural parents of the child. Many reasons account for child adoption, some of which are, orphaned children due to death, or disappearance of parents and infertility among couples. This article while utilizing doctrinal research approach discovered that many do not understand the effect of child adoption, thereby relegating its effects to mere temporary relationship like child fosterage, custody and guardianship of children without more. This article found that by the statutory provision and judicial pronouncements; upon the grant of an order of adoption, the rights, duties, obligations and liabilities of the adopted child move permanently from the natural parents and vest in the adoptive parent and vice versa. It is noted that the effect of adoption includes the rights of the child to take up the family name of the adoptive parent as his/her surname henceforth and the right to inheritance. The concept of child adoption is not without challenges ranging from resistance by many customary laws and religious practices and beliefs, prohibition of inter-state and inter-country adoption and the tendency of exploitation. The article recommends among others that for it to amount to adoption, same must be properly documented and registered. Also, the CRA should be amended to give room for inter-state or inter-country adoption.