ILOKA: Challenges and Prospects of Child Adoption in Nigeria: A Focus on the Child’s Rights Act
CHALLENGES AND PROSPECTS OF CHILD ADOPTION IN NIGERIA: A FOCUS ON THE
CHILD’S RIGHTS ACT*
ABSTRACT
The challenges of child adoption in Nigeria range from social, cultural, religious, and legal exploits both domestic
and international. With operation of regulatory instruments in Nigeria, there is much prospects of contending
with the challenges for effective child adoption. Sequel to this backdrop, this study focused on a critical analysis
of ‘the challenges and prospects of child adoption under the Child’s Rights Act’. The specific objectives were to
examine challenges of child adoption in Nigeria, to assess the conflicts between the Child’s Rights Act and ethnoreligious practices in Nigeria, to explore the positive effects of Child’s Rights Act in child adoption, to examine
the defects of the Child’s Rights Act in regards to child adoption, to examine the prospects of Child’s Rights Act
in the effectiveness of child adoption in Nigeria, and finally make some recommendations. The research design
and methodology was doctrinal approach, using analytical and descriptive research methodology. The main
sources of data collection were various legal documents and materials, both from the library and internet, and
covering the primary sources and the secondary sources. For the summary of findings, it was submitted that
Nigeria is almost out of this malaise; hence child adoption is regulated by the statute called the Child Right Act
and other related legislation, though child adoption in Nigeria is not fully bereft of some pitfalls due to certain
circumstances, as critically examined. It was therefore observed among others that there is the problem of lack
of coordination and harmonious working relationship between the main line ministries of women affairs and
Justice on the one hand, and between the state legislatures and the ministries on the other, in some states. Sequel
to these, some recommendations were made among others that the various agencies and NGOs should, in
consultation with the Human Rights Commission, work towards meeting with the First Lady of the respective
states with the aim of getting her support towards the establishment of relevant child protection institutions to be
placed across the three Senatorial Zones of the respective states to secure the future of the adopted children It
was concluded that, notwithstanding the shortcomings, there is collective and accommodating system in order to
provide planned blueprint of action for both the passage and the gradual implementation of the law in our
respective states to demonstrate fairly, consistently and honestly their political will to protect children in our
society using law and committing reasonable budgetary allocations to match governments’ promises. Finally, this
study is significant to all persons who have interest in child adoption in Nigeria.
Keywords: Child adoption, Challenges, Prospects, Child’s Rights Act
1. Introduction
Basically, most adopted children did metamorphose from slaves to become adopted children of their masters. In
most cases of this kind, these children enjoy parenthood their masters who have become their parents. According
to Aniebue and Aniebue1, it is a unique form of child care because it does provide permanent care and parenting
for the adopted child as compared to other child care institutions that provides substitute family/home to a child.
Another trend to this was that in the antiquity, adoption was not only limited to children or infant, neither was it
limited to children who had no parents, like the orphans. That is to say, matured people were also adopted, even
persons who still had surviving biological parents. Their adopted parents were regarded as their second parents or
even their primus parents. The implication of this kind of adoption was that it made the adopted child to have full
rights over the property of the person who adopted him. This benefit extended even after the dead of such parents
since he was named in the Will and so has legal right to the deceased estate. Though this also was accompanied
by a lot of disadvantages, yet most children scrambled for opportunities to be adopted by the wealthy class of
persons. The disadvantages to the practice of child adoption without any legal instrument regulating it cannot be
overemphasized. For instance, in a situation where the person who adopted the child had his own biological child,
the adopted child suffers when the adopted parents dies. Also, where adoption of a child is done in the absence of
any legislative instrument, the adopted child is much like a slave and has no means of getting protection in cases
of abuse of his right. Apart from all these, the societal perceptions of a child who is adopted can as well affect
such child politically, socially, psychologically. The adroit fact is even that every aspect of child bearing and
rearing in Nigeria is largely influenced by culture2. The Nigerian Culture holds –procreation in high esteem and
*By Chinwe Patricia ILOKA, LLB, BL, LLM, PhD, Lecturer, Department of Public and Private Law, Faculty of Law,
Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Anambra State. Phone No.: 08035696281. Email:
Chypat4@gmail.com.
1Aniebue, P. N. & Aniebue, U. U. ‘Adoption Practices in Enugu’, Nigeria Journal of Clinical Practice, 11(1), (N. P., 2008)
5-8
2Avidime, S. and others, ‘Knowledge and Attitude towards Child Adoption Women in Zaria,’ Northern Nigerian Medical
Journal, 54(4), (2003) 261 - 264
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children are seen as priceless benefits of marriage.3 It is gainsaying that most people at the same do not benefit
from this culture. Hence, there is need to move away from culture to legislation. These and many other factors
compelled the international bodies to delve into the matter of protection of the child rights, whether he be adopted
or not. This also propelled Nigeria, which had earlier made several attempts to legally regulate child adoption but
with little successes, to take leverage from the international law instruments to successfully enact a viable law that
effectively regulates the child’s rights and child adoption. This law is called the Child’s Rights Act, 2003.
With the enactment of this Act, there are remarkable variations from the practices in the antiquity. For instance,
the adopted child is able to access quality life in a family setting4. Also, the child becomes a complete member of
the adopter’s family, takes on the adopter’s surname and assumes the right and privileges of a biological child,
including the right of inheritance5, unlike the earliest practices. Furthermore, a relationship of consanguinity
between the adopted child and all members of the adopter’s family is established.6As a result, marriage or sexual
relationship between the adopted child and any member of the adopter’s family is absolutely prohibited 7.
However, the issue as to whether the Child’s Rights Act has successfully protects the child’s rights and whether
it has improved the practices of child adoption have become the bone of contention and a call for legal research.
Obviously, many legal scholars and researchers in the family law and human rights law parlance have delved into
this aspect of research but with no satisfying result. Therefore, there are still challenges faced in child adoption
even in the Child’s Rights Act and there is need to address them and as well examine the prospect therein.It is on
this backdrop that this research becomes imperative to address the challenges surrounding the background of child
adoption under the Child’s Rights Act. Succinctly put therefore, this research work shall ‘critically examine the
challenges and prospects of child adoption under the Child’s Rights Act’.
2. Challenges of Child Adoption in Nigeria
Cultural Impediment or Barrier
As stated earlier, statutory adoption permanently severs the relationship between the child and its natural or
biological parents, but most cultures do not support formal adoption under the statutory law. This is because it
permanently severs the relationship of the child with it natural or biological parents. A good example of his culture
is found in the South-Eastern Nigeria. For example, the complicated ethno-religious beliefs and practices of the
Igbo people make formal adoption difficult. Most at times, adopted children are not usually accepted as born
children of adopter.8 Most of these adopted children in that society are treated as outcast and constantly reminded
that they do not belong to the family. See Aduba & Ors v Aduba9where the Respondent was adopted since when
he was five years old and had married with children but the Appellants denied him the right to partake in the share
of the deceased (father) property on the ground that he is not a biological or natural child of the deceased
Non-Domestication of the Child’s Rights Act by some States
Despite the enactment of the Child’s Rights Act in 2003, there are some states that are yet to domesticate the Act
to allow for a uniform adoption processes across the country as well as meeting up international best practices as
the Act itself is a domestication of the United Nations Convention on the Rights of Children. The consequences
of these non-domestication of the Child’s Rights Act is that, where there is a pre-2003 legislation on adoption, it
will continue to apply.
Abuse of Adopted Children by their Adopted Parents
Most people finds it very difficult to give up their children for adoption, this is because, most adopted children
are been abused by their adoptive parents; sometimes the children are usually assaulted, physically abused.
3Aniebu, P. N. &Aniebue, U. U. ‘Adoption Practices in Enugu, Nigeria’, Nigerian Journal of Clinical Practice, 11(1),
(2008) 5 – 8
4Dimkpa, D. I. ‘Marital Adjustment Roles of Couples Practicing Child Adoption’, European Journal of Social Sciences, 13,
(2010) 194 – 200
5Ojelabi, O. A.; Osamor, P. E. and Owumi, B. E. ‘Policies and Practices of Child Adoption in Nigeria: A Review Paper’,
Mediterranean Journal of Social Science, Vol 6, No 1 S1 (MCSER Publishing, Rome-Italy, 2015)
6 Ibid.
7Federal Ministry of Women Affairs, Rights Act: Simplified Version (Federal Ministry of Women Affairs, 2005) 12
8Ojelabi, O.A., Osamor, P.E. and Owumi, B.E. ‘’Policies and practices of child adoption in Nigeria: A review paper’,
Mediterranean Journal of social science, vol.6, 1s1 (MCSER Publishing, Rome-Italy, 2015)
9Aduba & Ors v Aduba (2018)LPELR-43765 (CA)
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ILOKA: Challenges and Prospects of Child Adoption in Nigeria: A Focus on the Child’s Rights Act
Restriction of Adoption to only Citizens of Nigeria
According to S.131(1) (d) of the Child’s Rights Act, 200310, makes it mandatory for the applicants to be citizens
of Nigeria and in the case of joint application, both applicants should be citizens of Nigeria. This is a big challenge
to foreigners who intend to adopt but they are not citizens of Nigeria. Based on the provision of the Act, only
citizens of Nigeria may apply for adoption of a child. Though, there seems to have abuses of adopted children in
other countries, solution does not lie in outright prohibition of foreigners from adopting and worst where it is a
joint application by a Nigerian and non-Nigerian couple.
Social Stigma
There are social stigmas associated with couples who adopt due to fertility issues. They suffer one of the worst
humiliations in the society and are mostly reminded of the fact that, the adopted children are not their biological
children. Because of this stigmatization, couples having fertility issues would rather choose to stay alone than to
adopt and become a target of scorn and humiliation. In order to put an end to this stigma, most couples who have
adopted will begin to neglect the adopted children the moment they start to have their own biological children.
Also, adopted children too are not left out as they are often called names such as ‘one whose biological parents
cannot trace’, ‘a bastard child that has no root’ and mostly reminded by others, that the adoptive parents are not
his/her biological parents. Sometimes, even the prospective adoptive parents are scared of the adopted child
transmitting the anti-social traits of his biological parents. For instance, where the biological parents of the adopted
child are criminals, prostitutes, mentally retarded or even drug addicts.
Non-recognition of Adoption under Islamic Law
As stated earlier, Islamic law does not allow for adoption of children. It only recognizes fostering and
guardianship11. The non-recognition of adoption under Islamic law denies couples or individual who wishes to
adopt to do so because there is no legal framework on adoption. As a result of this non recognition, couples or
individual who wishes to adopt will be left with the only option of fostering the child. Fostering does not severe
the relationship of the child with its natural or biological parents but restricts the performance of parental
responsibility to time and the child may be withdrawn from the custody of the foster parent at any time. The
repercussion of this is that, the foster parent will continue to live in constant fear of losing the child someday to
its biological or natural parents
3. Conflicts between the Child’s Rights Act and Ethno-Religious Practices in Nigeria
Ethno-religious practices are those acts which have connections to the different beliefs or dogmas held by the
devout practitioners of such beliefs. These sorts of believes cut across different ethnic groups which the people
are accustomed to regarding the child’s rights and adoption. Going by customary law, it is obvious that several
parts of Nigeria recognize and enforce the adoption of children. Conversely, adoption is rare because parents are
normally unwilling to relinquish their rights over their own children. On the other hand, there is reluctance in
making a child to be a member of a family other than through natural processes of birth. Differently from the
situation under statutory law, customary law has not developed sufficient criteria to make the institution readily
identifiable. Consequently, adoption is sometimes confused with guardianship or foster ancestry. 12 In the ethno
religious practices of adoption, persons who may adopt a child include any adult person. The person may be a
male or female. Such person may be seen as a religious or spiritual father or mother of the adopted child. This is
quite different from adopt under the Child’s Rights Act, as earlier discussed in this research work.
Furthermore, ethno-religious practices in Nigeria allow a child under the age of puberty to be adopted. In most
cases, children who are adopted are related by blood to the person who desires to adopt them. This is because the
adoption could be to fulfill certain practices of their traditional or religious believes. Ethno-religious practices in
child adoption could be formal or informal. It is the formal where there is meeting between the representatives of
the two families, that is the prospective adoptive parents and the child. The child is presented at the family meeting
and the acceptance by the family member is made and sealed. In such situation, parental rights and responsibilities
are transferred and thereby sealed by the agreement of the parties. 13 On the other hand, informal adoption does
not involve the family meeting. Usually the child belongs to a relative who is still surviving or late. The child is
received by the adoptive parents into his home and treated as his natural or biological child. For instance, in the
case of Akinwande v Dogbo14the child of deceased sister was adopted and cared for as his own child for many
years. The court held that there was adoption under the customary law, though it was informal. However, the
problem with this kind of adoption is that it is difficult to define the status of the kind of relationship. It may be
10 Section 131 (1) (d) Child Rights Act, 2003
11Nwogugu, E. I. Family law in Nigeria (Ibadan Heinemann,1990)326
12Nwogugu, E.I.
Family Law in Nigeria, 3rdedi (HEBN Publishers Ltd., Ibadan, 2014) 343
13 Ibid., 344
14Suit No. AB/26/68 (Unreported) High Court, Abeokuta, 1969
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African Journal of Law and Human Rights (AJLHR) 6(1) 2022
guardianship or foster parentage.15 Thus, it can be said that a child is being adopted if he grows under the adoptive
parents for a long period of time.
In Islam, the authority for the prohibition of adoption under Islamic law is the Qur’anic injunction in chapter 33:45 following the incidence that happened between the Holy Prophet and his erstwhile ‘adopted’ child, Zayd Ibn
Harith. The Holy Qur’an states that adopted children are not the real upspring of the adopters; they must be related
to their true procreators when known and knowable. Otherwise, they are to be brethren in faith and clients of their
fellow Muslims.16 Also prohibition of adoption manifested itself in Qur’an chapter 33:40 where Allah says:
‘Muhammad is not father of any of your men, but (he is) the Apostle of God.’ Some of the reasons behind the
prohibition of adoption include the great importance that Islam attaches to the protection of legitimacy and
paternity and the consequences of such adoption in pre-Islamic era as well as what the child’s rights Act
provides.17 Thus, Islam insists that every child must be related to its own father and viewed it unjust and illegal to
ascribe his or her paternity to another. Although Islam prohibits adoption as explained above, the prohibition does
not negate the general societal responsibilities towards the child, nor does it lessen the binding effect of the
stronger bond of brotherhood in faith.18
4. Positive Effects of Child’s Rights Act in Child Adoption
The Child’s Rights Act has remarkable impacts on child adoption. The positive aspects of these impacts are really
enormous as they flow from all the parts and sections of the Act. Part II of the Act 19 provides for the rights and
responsibilities of a child in Nigeria. Sequel to this, it entrenches the following fundamental rights as for the child.
These are captured inter alia:
The rights to survival and development, to a name, to freedom of association and peaceful
assembly, to freedom of thought, conscience and religion, to private and family life, to freedom of
movement, to freedom from discrimination, to dignity of the child, to leisure, recreation and
cultural activities, to health and health care services, to parental care, protection and maintenance,
to free, compulsory and universal primary education, as well as encouragement of the child to
attend and complete secondary education.20
(1)
The Act also creates positive effects by providing for responsibilities of a child and parent, as well as
other effects as follows: Protection of a child against discriminatory, harmful and exploitative practices.21
(2) The Act provides for additional protection through civil and welfare proceedings. 22
(3) Protection of Children in need of care and protection from physical or moral danger 23
(4) General Care and Supervision Orders24
(5) Use of Scientific Testing in Determining Paternity or Maternity of Child. 25
(6) Possession and Custody of Children26
(7) Guardianship, Wardship, Fostering and Adoption27
(8) The CRA provides for the establishment of the family Court, Child Minding, Day Care Centres and
Allied Homes28
(9) Child Justice Administration29
(10) Child Justice Administration30
15 (n184) 344
16Ladan, M. T. ‘The Child Rights Act, 2003 and the Challenges of Its Adoption by State Governments in the 19 Northern
States’ Paper presented: At a One-day interactive forum for Sokoto State House of Assembly Legislators. (Organized by the
Sokoto State Ministry of Women Affairs and UNICEF, 2007)
17 Ibid.
18 Ibid.
19 Sections 3 to 20 of the Child Rights Act, 2003
20Ladan, M. T. ‘The Child Rights Act, 2003 and the Challenges of Its Adoption by State Governments in the 19 Northern
States’ Paper Presentation (Organized by the Sokoto State Ministry of Women Affairs and UNICEF, 2007)
21 Part III (sections 21-40) of the Child Rights Act, 2003
22Part IV (sections 41-49), Ibid.
23 Part V (Sections 50-52), Ibid.
24 Part VI (Sections 53-62), Ibid.
25 Part VII (Sections 63-67), Ibid.
26 Part VIII (sections (68-81), Ibid.
27 Part IX (Sections 82-92), Ibid.
28 Under Parts XIII to XIX (sections 149-203), Ibid.
29 Part XX (sections 204 -238), Ibid.
30 Part XX (sections 204 -238), Ibid.
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ILOKA: Challenges and Prospects of Child Adoption in Nigeria: A Focus on the Child’s Rights Act
The Act provides under section 141 (1)31 that:
(1) On an adoption order being made:
(a) All rights, duties, obligations and liabilities, including any other order under the
personal law applicable to the parents of the child or any other person in relation to the
future custody, maintenance, supervision and education of the child, including all
religious rights, right to appoint a guardian and to consent or give notice of dissent to
marriage, shall be extinguished, and
(b) There shall vest in and be exercisable by and enforceable against the adopter
(i) all rights, duties obligations and liabilities in respect of the future custody,
maintenance, supervision and education of the child; and
(ii) all rights to appoint a guardian and to consent, to give notice of dissent to marriage
of the child, as would vest in the adopter as if the child were a natural child of the
adopter and in respect of those matters, the child shall stand to the adopter in the
relationship of a child to the adopter.
In the case of joint adoption, the husband and wife shall stand to each other in respect of custody, maintenance
and rights of access as if the adopted child was their natural child. The child will also stand to the joint adopters
as a child born to them.32 As a consequence of the foregoing, Section 147 prohibits marriage between an adopter
and the adopted child. Similarly marriage between the natural child of the adopter and the adopted child is
prohibited and will be null and void.33 This is because, upon adoption, the relationship of consanguinity is being
established between the adopter and the adopted child. For the purposes of the devolution of the property of the
adopter on intestacy, an adopted child shall be treated as a child born to the adopter. In the disposition of property
made after an adoption order, any reference to the child or children of the adopter shall include the adopted child
unless the contrary intention appears. Furthermore, a reference to any person related to the adopted child in any
degree shall, unless a contrary intention appears, be regarded as reference to a person who would be related to
him in that degree if he was the natural child of the adopter and were not the child of any other person. 34 Succinctly
put, the positive effect of adoption under the Act is that it severs all legal relationship between a child and the
natural parents or guardian and establishes that relationship between the child and the adopter/adopters in a legal
sense.
5. Defects of the Child’s Rights Act in Regards to Child Adoption
Despite the fact that the enactment of the Child’s Rights Act has tremendously controlled the repugnant practices
by the different cultures and religious bodies, as well as other positive impacts of the Child’s Rights Act on child
adoption, there are still some defects in the Child’s Rights Act that are also worthy of consideration. These defects
can be due to the challenges faced in the implementation of the Act and the different societal facts which have
also impede the domestication of the Act as law in all states of the federation. The first challenge, as identified by
Ladan35, is that of reflecting local peculiarities, in the process of drafting and passage of the Bill, that are cultural
or customary or religious in character. For example, prohibition of child trafficking, street hawking, child and
forced marriages, child begging and destitution, and the right to education, girl-child education, adoption of a
child etc. Section 147(1) and (2) of the Act36, a marriage between a person who has adopted a child under the Act
or a natural child of the person who adopted the child and the adopted child is prohibited and any such marriage
is null and void. such marriage if concluded is an offence and punishable to imprisonment for a term not exceeding
fourteen years. These provisions of the Act contravene the express provisions of Holy Qur’an and sunnah of the
Holy Prophet on adoption of children.37 It is to be noted that Islam prohibits adoption out rightly especially because
of the consequences of such an adoption.38 The prohibition of adoption by Islam does not lessen the binding effect
of the stronger bond of brotherhood in faith and does not negate the general societal responsibilities towards the
child.
31 The Child Rights Act, 2003
32 Section 141 (2)
33 Section 147
34 Section 141 (3)
35Ladan, M. T. ‘The Child Rights Act, 2003 and the Challenges of Its Adoption by State Governments in the 19 Northern
States’ Paper presented: At a One-day interactive forum for Sokoto State House of Assembly Legislators. (Organized by the
Sokoto State Ministry of Women Affairs and UNICEF, 2007)
36The Child Rights Act, 2003.
37 Qur’an chapter 33:40
38The authority for the prohibition of adoption under Islamic law is the Qur’anic injunction in chapter 33:4-5 following the
incidence that happened between the Holy Prophet and his erstwhile ‘adopted’ child, ZaydIbnHarith.
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African Journal of Law and Human Rights (AJLHR) 6(1) 2022
Another defect in the Child’s Rights Act is that of the glaring omission of the jurisdiction of a State Sharia Court
of Appeal in matters relating to family matters, including children. Ladan captures it that:
Part thirteen deals with the family court, its establishment, levels, and jurisdiction among others.
It also provides for the constitution of the court at both High Court and Magistrate levels, rules
for practice and procedure in the court, evidence given by a child before the court, legal
practitioners’ right of audience and the right of a child to counsel. Persons to attend the court are
specified and restricted, and accordingly no person shall be allowed to attend the court including
press. Child’s name and identity is equally protected as the Act under this part prohibits the
publication of such child’s name etc. Generally, the proceedings in the court must be conductive
in the best interest of the child.39
The failure of the Act to make provision for the jurisdiction of the Sharia Court of Appeal has contributed to its
less effectiveness in the North. Thus, the Act does not take Sharia law on child adoption into consideration, or it
completely ignores it and ousts it of jurisdiction therein. Furthermore, the Act establishes a separate court to deal
with cases involving children under the Act. But to avoid jurisdictional conflicts with some existing
constitutionally established and or recognized courts vested with also similar jurisdiction affecting some matters
involving rights of a child, apt caution must be applied. Finally, the Act does not have a binding force on all
states of the federation.
6. Prospects of Child’s Rights Act in the Effectiveness of Child Adoption in Nigeria
There are some basic things which if done will promote the effectiveness of the Child’s Rights Act in respect of
child adoption. They are:
Awareness Campaign among all actors: There is need to commence an extensive and forceful awareness
campaign among all actors in respect of the basis and contents of the CRA and state obligations to promote and
protect the rights of a child. It is also to see that State Legislatures, civil society groups, Grand Khadis and the
ministries of Women Affairs, Child and Justice at the state level to tune their respective draft laws on the
promotion and protection of the rights of a child by reflecting their positive socio-cultural and religious factors
that seek to promote the child’s interest and wellbeing.
Amendments of the Child’s Rights Act: There is need for amendments of the Child’s Rights Act to allow for
adoption by non-Nigerian citizens. This is because, non-Nigerians are not allow to adopt and even where it is a
joint application with a Nigerian spouse. Though, there have been cases of abuse of adopted children by foreigners in
other jurisdictions, but solution does not lie in absolute prohibition of non-Nigerians from adopting. In order to provide
a solution to this challenge, where it is a joint application by a Nigerian and non-Nigerian couple, the only restrictions
that should apply, should be those that apply to every other Nigerian. While in the case of a single application by nonNigerian couples, adoption should be allowed subject to restriction of travelling out of Nigeria with the child. But the
permission of the Court must first be had and obtained. By doing so, it will give room for adoption a Statutory provision
across the country and it will also help in checking cases of child trafficking and illegal adoption.
Documentation of Customary Law: The customary law of the people need to be documented in order to create
certainty in customary practices of the people and the requirements that must be in place before adoption under
customary law will be deemed to have permanently severed the relationship of the child and its biological or natural
parents so that a lot of persons will be eager to adopt without the fear of losing the child to its natural parents.
Orientation and Enlightenment: Due to the series of humanitarian crises in Nigeria as a result of Boko Haram
insurgency in the North East and unending attacks by the Fulani herdsmen on communities in the North Central which
rendered so many children as orphans hence, there is need to enlighten the people on how to adopt these children and
also, there is need on how to enlighten the public on how to integrate these affected children into families to avail them
a touch of parental love else, they will grow with resentment and hatred for the society due to their condition.
Functionality of the Family Court: There is also need to ensure that adequate enquiries are been conducted before
adoption could be allowed so as to prevent cases of maltreatment of such adopted child or children by his/her adoptive
parents.
7. Conclusion and Recommendations
Simply put, child adoption means taking up the paternity or maternity of a child who is not the biological child of a
person who takes up such paternity or maternity. It is obvious that child adoption is as old as human society. However,
different societies and cultures have rules regulating their practices and procedures in child adoption. That is to say,
child adoption could be regulated by customary rules and ethno-religious practices where there is no legislation and
39 (n208)
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ILOKA: Challenges and Prospects of Child Adoption in Nigeria: A Focus on the Child’s Rights Act
where they choose to jettison the legislation. Nigeria is almost out of this malaise; hence child adoption is regulated by
the statute called the Child Right Act and other related legislation. However, the procedure of child adoption in Nigeria
is not fully bereft of some pitfalls due to certain circumstances, as critically examined. The problem of lack of
coordination and harmonious working relationship between the main line ministries of women affairs and Justice on the
one hand, and between the state legislatures and the ministries on the other, in some states. Furthermore, the researcher
observed that there is the problem of lack of identification and appreciation of the limits of each other and the
complementary role of the other in addressing the best interest and welfare of the child. It is also observed that there is
the challenge of continuing judicial education in comparative human rights Jurisprudence and the administration of
Justice (both Sharia, national and international perspectives and trends). This is due to lack of appreciation and
understanding of most of our lower court Judges in the practice of Muslim world and current trends and challenges
affecting both Muslims and non-Muslims in a multi-religious and multi ethnic society like Nigeria.
From the observations made, the researcher deems it a prerequisite to make the following recommendations: The
governments, in collaboration with the NGOs, should raise funds to widely produce, gazette and distribute the Child’s
Rights Act and Child Rights Laws of the domesticated states to all relevant stakeholders in the child protection sectors,
including the motherless babies’ homes and any prospective adopter. This will go a long way to promoting child
adoption. The National Assembly should also resuscitate and form steering committees that will work with Houses of
Assembly of all the states towards the enactment and implementation of the Child Rights Law in their respective states,
especially for the states which have not done so. This will discourage the traditional, customary, and ethno-religious
practices on child adoption for the law to have its place. Various agencies and NGOs should, in consultation with the
Human Rights Commission, work towards meeting with the First Lady of the respective states with the aim of getting
her support towards the establishment of relevant child protection institutions to be placed across the three Senatorial
Zones of the respective states. This will help to secure the future of the adopted children. The new Chief Judge of the
state should immediately takeoff/takeover the Family Courts, whether already designated by the former Chief Judge or
not. This will ensure protection of the rights of adopted children. The governments and/or the NGOs should renovate
the existing children’s homes to meet the needs of children living with disabilities and to also provide them with other
educational facilities. This will also encourage prospective adopters to give more value to any child they will adopt. As
a way of checking the abuse of adopted children by their adoptive parents, there is need for an efficient social welfare
department that regularly sends the child development officers on visits to adoptive homes to conduct investigations in
order to ensure that such children are not abused or maltreated.
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