







































African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

70 

CHILD ADOPTION IN ANAMBRA STATE OF NIGERIA AND THE PERCEPTION  

IN SOME OTHER JURISDICTIONS* 

 

Abstract 

Child adoption in Nigeria generally, has been officially recognized by virtue of its inclusion in the Child’s Right 

Act, 2003 and the Child’s Right Law of states respectively, but its acceptability and practicability become 

another hurdle. People in urban areas tend to adopt with ease than those in rural areas where the requisite 

knowledge and information in most cases are not imbibed. Adoption of children is an alternative means of 

acquiring children, this is because it gives childless couples children just the same way as biological parents, 

thereby curbing childlessness if both parties to it agree. At the same time providing comfortable home and care 

for the adopted child. This study seeks to revenue adoption in Anambra State of Nigeria, then takes a look at 

how it is been perceived by other jurisdictions, whilst considering the laws and its acceptability in Nigeria. It is 

recommended that workshops should be organised, especially within most rural areas to sensitize the rural 

people about the Legality of adoption so as to enhance the acceptability of Child adoption in Anambra State of 

Nigeria. It is hoped that this measure and others   will encourage child adoption on the part of intending 

adopters and boost the self confidence of the couples, as well as the adopted child. 

 

Keywords: Child Adoption, Perception and Acceptance, Legal System Jurisdiction, Nigeria 

 

1. Introduction 

Since 400AD, Adoption has been in practice one way or the other among orphans.The Romans formed their first 

orphanages around 400 AD. Jewish law prescribed care for the widow and the orphan, and Athenian law 

supported all orphans of those killed in military service until the age of eighteen1. Plato Laws, 927) says: 

‘Orphans should be placed under the care of public guardians. Men should have fear of the loneliness of orphans 

and of the souls of their departed parents. A man should love the unfortunate orphan of whom he is guardian as 

if he were his own child. He should be as careful and as diligent in the management of the orphan's property as 

of his own or even more careful still.2 .The care of orphans was referred to Bishops and, during the Middle 

Ages, to Monasteries. As soon as they were old enough, children were often given as apprentices to households 

to ensure their support and to learn an occupation. In recent times, the healthiest living condition for a child is 

obviously with a family who will love and nurture as well as provide food, shelter and clothing that will ensure 

the child’s survival. Unfortunately, this is not the reality for many of the world’s children. Today’s international 

orphans usually have parents but they have abandoned them or their parental rights have been terminated. 

Orphanages are part of every societal culture. How good or how bad an orphanage is depends on the particular 

country outlook on abandoned children and obviously the financial situation of these countries. Most children 

whose parents’ rights are terminated are adopted within 13 months.3 However, since numbers of adoptions have 

not kept pace with numbers of terminations each year, more and more children are left in legal limbo destined to 

live life as ‘legal orphans’(children without legal parents).4 Consequently adoption has been made a government 

affair in Nigeria and the processes differ from State to State. The different and varying Ministries of Women 

Affairs of various States of Nigeria control, regulate and supervise adoption.                                                                                                                                        

 

In Anambra State, which is one of the States in the South Eastern Nigeria, orphanages are commonly known as 

community children’s home. According to section 1895 the State government shall see to the establishment of a 

community home which entails the care and accommodation of children looked after by it. Section 

189(4)(5)6distinguished the different types of homes, which are the controlled and assisted home. A controlled 

home emanates where the state government is responsible for the management of the community home provided 

usually by a voluntary organization, while an assisted home emanates where the voluntary organization is 

 
*By Mary Imelda Obianuju NWOGU, PhD, FCArb, Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra 

State, Nigeria. E-mail: ujn3333@yahoo.com  

*Ifeyinwa Janefrances MBA, LLM Candidate, Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State, 

Nigeria. E-mail: janefrancesmba@gmail.com  
1 C.G Herbermann, E A Pace, C B Pallen, T TShaheen, and J J Wynne ‘The Catholic Encyclopedia, Volume 

XI’.Encyclopedia press INC 1913, New York. 
2C.G Herbermann, E A Pace, C B Pallen, T TShaheen, and J J Wynne ‘The Catholic Encyclopedia, Volume 

XI’.Encyclopedia press INC 1913, New York. 
3The AFCARS Report #20. The mean time elapsed from termination of parental rights to adoption is 13.1 months. The 

median is 9.2 months. 
4 . ‘Juvenile Courts, Etc.’ § 63, American Jurispudence 2d (2008).  
5 Childs Right Law of Anambra State 2006 
6 ibid 

https://en.wikipedia.org/wiki/Halakha
https://en.wikipedia.org/wiki/History_of_Athens
https://en.wikipedia.org/wiki/Military_service
https://en.wikipedia.org/wiki/Age_of_majority
https://en.wikipedia.org/wiki/Laws_(dialogue)
https://en.wikipedia.org/wiki/Middle_Ages
https://en.wikipedia.org/wiki/Middle_Ages
https://en.wikipedia.org/wiki/Monastery
https://en.wikipedia.org/wiki/Apprenticeship
mailto:ujn3333@yahoo.com
http://www.newadvent.org/cathen/11322b.htm
http://www.newadvent.org/cathen/11322b.htm
http://www.newadvent.org/cathen/11322b.htm
http://www.newadvent.org/cathen/11322b.htm


NWOGU & MBA: Child Adoption in Anambra State of Nigeria and the Perception in some other Jurisdictions 

 

71 

responsible for the management of the community home provided by the voluntary organization. Section 1907 

further stipulates that the commissioner has the right to discontinue the use of any community home found 

unsuitable. We had the opportunity of meeting the desk officer in the Ministry of Women and Child Welfare 

Anambra state, who provided us with the practicable requirements for a standard orphanage to include thus; 

neatness of the environment and home, it must have been registered with the Corporate Affairs Commission 

(CAC), and the building structure should be standard. 

 

2. Concept of Child Adoption 

The free legal dictionary defines adoption as ‘a two-step judicial process in conformance to state statutory 

provisions in which the legal obligations and rights of a child towards the biological parents are terminated and 

new rights are created between the child and the adoptive parents’’8.It has also been further defined as an order 

vesting the parental rights and duties relating to a child in the adopters made on their application by an 

authorized party’.9 Child adoption is a universal concept that provides legal rights for adopter and adoptee to 

become a family. An adopted child is a child in respect of which an adoption order has been made 10.Adoption is 

effected by a court order which vests parental responsibility for a child in the adopter(s) and extinguishes the 

parental responsibility of the birth parent.11 The effect of an adoption order is that the child is treated as if he or 

she is born as a  child of the marriage of the adopter(s) and not as the child of anyone else, and is prevented from 

being illegitimate12.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 provide substitute family/home to a child13,In 

our own view, Child adoption is a legal procedure that permits a child born to a person, or people to become in 

legal terms the son or daughter of another. 

 

There are two basic forms of adoption in Nigeria. These are Customary and Statutory Adoption. Customary 

adoption may be formal or informal.14The purpose of formal adoption is to formally transfer the parents’ rights 

and duties of the child to the person seeking to adopt the child, which is a crucial aspect of the adoption. Upon 

such transfer, the adopter then publicly declares his intention to regard the child in question as his own. In 

Akinwande v. Dogbo15 X took the child of his deceased sister into his household and the child lived there over a 

long period of time. During this time, X was responsible for the child’s maintenance and upbringing. Thompson, 

J. held that the child was adopted by X under customary law, this decision brings out the defects of customary 

law adoption. For instance X‘s responsibility for the maintenance and upbringing of the child is capable of 

several interpretations including evidence of guardianship or adoption. On the other hand, an informal adoption 

is not characterized by any formalities. It occurs upon the person seeking to adopt the child, usually the child of 

a relation, into his own family and treats the child as his own16.  

 

Statutory adoption is the formal and legal type of adoption governed by the provisions of the statutes i.e., written 

laws. Such laws usually provide for the qualifications of persons eligible to adopt and be adopted, conditions for 

adoption, consents required before adoption, procedures to be followed in adoption matters and the legal effects 

in adoption.  Notably, Statutory adoption permanently extinguishes all the rights, liabilities and duties of parents 

in relation to the child, while customary adoption does not permanently severe the legal relationship between the 

child and its natural parents.17 Rather the relationship between the child and the Parents remains intact. There 

are different types of adoption amongst the Igbos which includes Anambra State of Nigeria and they are 

domestic adoption, foster-care adoption, open adoption and close adoption.18 

 

 
7 ibid 
8The free Legal dictionary, ‘Definition of Adoption’ (2005) www.legaldictionary.the 

freedictionary.com/adoption(accessed)25 january 2021. 
9 ibid 
10Sheila Bone Law Dictionary ByOsborns Concise ,9th edition, page 19 
11Section 12(1) of the Adoption Act,1976 
12Ibiam V Ibiam&anor (2017) LPELR-42028(CA) 
13Aniebue, P.N, &Aniebue, U.U. (2008). Adoption practices in Enugu, Nigeria. Nigerian Journal of Clinical Practice, 11(1), 

5-8. 
14A.C. Osondu, Modern Nigerian Family Law &Practice. Lagos, Printable Publishing Company,2012, p.257 
15(1974)8 Nig.L.J 134 
16A. C, Osondu Modern Nigerian Family Law & Practice. Lagos, 2012, p. 257. 
17Ibid.p258 
18Oluwatosin O. Ogwezzy, op cit. pp. 59. Igbo Culture and Socialization, (Uzoma Onyebuchi, University of Michigan, Ann 

Arbor); Inwww.kwenu.com, Igbo People, A Free Wikipedia Encyclopedia; Inwww.wikipedia.com 

http://www.legaldictionary.the/


African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

72 

Domestic Adoption: Domestic adoption is the adoption of a child who resides in the vicinity or country. For 

instance, adopting a child who resides in the area where the adoptee parents also lives.   

 

Foster-Care Adoption:  Foster-care adoption is the adoption of children in state care whose reunification with 

their parents is not possible for their safety. Children whose safety is not guaranteed by their parents are kept in 

foster homes so that they will not be hurt by their parents. Usually, people can go and adopt such children to help 

them.  

 

Open adoption: In this type of adoption, there is free flow of information between the biological parents and the 

adoptee’s parents.  

 

Close adoption: Is the type of adoption that prevents all identifying information from being shown between the 

adoptive parents and the adoptee. Generally, in Anambra State close adoption is the type of adoption that is legal. 

This is because the adopter parents do the necessary paper work which must be in line with the legal procedures. 

The adopter parents will have no knowledge of the biological parents and the biological parents will not also have 

any knowledge of the adopter parents. This arrangement is to avoid the biological parents from coming to claim 

paternity of the adopted child later in life. Meanwhile, the expensive nature of this type of adoption makes it 

unpopular for the middle class and the poor in the society.19  

 

3. Acceptability of Child Adoption in Anambra State  

Due to the effect of globalization, economic instability, poverty, limited resources, there has over the years been 

increase in the number of juveniles in need of adoption in Nigeria. There also exist those that may as a result of 

the necessity to get a companion for an only child, stabilize a marital union, replace a late child or sustain a 

specific line of descent, need a child for adoption. The method of adoption in Nigeria is thus one that permits for 

people or couples who would rather be without a child to assume parentage over a child who might either be of 

known or unknown origin, while at an equivalent time, presenting the adopted child the chance of a secured, 

loving home throughout childhood and beyond. In the Adoption Law of Anambra State, a parent adopts and 

integrates a child adopted into his/her family, and the child is entitled to all the rights, privileges and obligations 

in the estate of the Adaptor, including right to inherit or share in inheritance of the adopting parent. The 

Traditional/Customary Law of the Igbos in the South Eastern Nigeria which includes Anambra State 

acknowledges this practice of accepting a child of an unmarried daughter as one of the members of the family of 

the father of the mother.  However, this practice appears to be accepted all over Nigeria and it accords with our 

national Constitution which abhors discrimination of a child or citizen of Nigeria because of the circumstance of 

his birth.  In Igbozuruike v. Onuador20 the court held: Thus; 

The 1999 Constitution of the Federal Republic of Nigeria must have had the likes of the    

Plaintiff Appellant in contemplation, when it enacted in Section 42 (1) (a) and (2) as follows: (1) 

(a) citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or 

political opinion shall not, by reason only that he is such a person - (a) Be subjected either 

expressly by or in the practical application of any law... to disabilities or restriction to which 

citizens of Nigeria of other communities ethnic groups, places of origin, circumstances of birth, 

sex, religious or political opinions are not made subject, or (b)…(2) No citizen of Nigeria shall be 

subjected to any disability or deprivation merely by reason of the circumstances of his birth.21  

 

The Court in Alake v. Pratt22; Bamgbose v Daniel23’ opines that where the child is adopted or ‘acknowledged’ 

by the parent, the same is entitled to share in the estate. 

 

4. Legal Implications of Child Adoption in Nigeria 

Nigerian did not until 1965 enact any provisions as regards adoption. This lacuna in most cases usually resulted 

in legal conundrums because when couples took children into their household with the understanding that they 

were being adopted, such arrangement could not be regarded as legal adoption as the biological parents of the 

supposedly adopted child could still take legal actions to assert their natural rights over the child. However, 

since the enactment of the Eastern Adoption law of 1965 and the subsequent enactment of the Adoption Law of 

Anambra State 1991 and the Child’s Right Act 2003, legal provisions have been made as regards adoption and 

 
19 Uzoma Onyebuchi, Igbo Culture and Socialization, (University of Michigan, Ann Arbor); Inwww.kwenu.com, Igbo 

People , A Free Wikipedia Encyclopedia; Inwww.wikipedia.com 
20  (2015) LPELR - 25530 (CA 
21Duru v Duru (2016) LPELR-CA/OW/306/2013 
22 15 WACA 20 
23 14 WACA 116 



NWOGU & MBA: Child Adoption in Anambra State of Nigeria and the Perception in some other Jurisdictions 

 

73 

its consequent implications in Nigeria. Drawing directly from the provision of Part XIII of the Child Rights Act 

2003, the following are the implications of adoption in Nigerian: 

 

Total Transfer of Rights to the Adopting Parents  

Adoption implies that the adopting parents shall acquire all rights concerning the adopted child and can now 

make unrestricted decisions concerning the life of the child. This would also imply that the natural parents of the 

child shall forfeit all their rights as regards such a child and cannot in future proceed to claim any such rights 

under the law. Examples of the rights acquired by the adopting parents over the child after adoption includes 

religious rights, right to appoint a guardian and the right to consent or give notice of dissent to marriage. Section 

14524 

 

Right to Inherit from the Adopting Parents 

Adoption confers on the adopted child a right to inherit the property of the adopter in the instance of his\her 

intestacy25; or for the purpose of the devolution of the property on the intestacy of the adopter, an adopted child 

shall be treated as a child born to the adopter. It is pertinent at this point to note that this same rule also will 

apply, except explicitly stated otherwise, with regards to relatives of the adopted child. Thus, a reference to the 

brother of the adopted child would be construed as a reference to the person who would be related to him in that 

degree if he were the natural child of the adopter and not the child of another person.26 

 

Assumption of Parental Duties and Obligations   

The process of adoption also sees a complete transfer of all duties, obligations and liabilities under personal law, 

applicable to the natural parents of the child. This would also translate to mean that all duties in relation to 

maintenance, supervision and education of the child would now be performed by the adopting parents, we shall 

now begin to act as if they were the natural parents of the adopted child. 

 

Invalid Marriage  

It bears no need for repetition that after adoption, legal relationship, just like that between natural parents and 

the child is established pursuant to this by virtue of the provisions of section 147(1),27 marriage between the 

adopter and the adopted child is prohibited. Also, marriage between the natural child of the person who adopted 

the child and the adopted child is deemed null and void. Section 147(2) of the Child’s Right Act 2003, provides 

for punishment of imprisonment for a term not exceeding fourteen (14) years for anyone who in contravention 

of the above provision marries an adopted child. 

 

5. Perception in Some Other Jurisdictions 

  

Child Adoption Practices in United Kingdom 

As in other developed jurisdictions, in England for instance, an adoption order results in the adopter(s) and the 

adopted child assuming the same legal relationship. You do not have to be a British citizen to adopt a child, but: 

you (or your partner, if you are a couple) must have a fixed and permanent home in the UK, Channel Islands or 

the Isle of Man. The said couple must have lived in the UK for at least 1 year before they begin the application 

process. If they are approved as suitable to adopt a child by a UK adoption agency, they will be guided through 

the following steps. 

i. Application will be sent to the Department for Education (DfE) or relevant UK Central 

Authority to check if it meets eligibility criteria. 

ii. DfE or the relevant UK Central Authority will issue a Certificate of Eligibility to Adopt and send it 

with your adoption application to the relevant overseas authority – some countries require adoption 

applications and supporting documentation to be notarized, legalized and translated. 

iii. Once matched, there is need to visit the child in their own country the said visited in writing and 

the intention to proceed with the adoption. 

iv. There is need to go through adoption court processes in the country one is adopting from and the 

UK. Once the placement has been finalized, you will need to arrange entry clearance for the child 

 
24 CHILDS RIGHT ACT 2003 
25Aduba & ors v. Aduba (23Q2018) LPELR-CA/OW/90/2012 
26 S 141(3) of the child’s Right Act 2003 
27  Child’s Right Act 2003 

https://www.hcch.net/en/states/authorities/details3/?aid=229
https://www.hcch.net/en/states/authorities/details3/?aid=229


African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

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to enter the UK.28 The DfE charges a non-refundable fee of £1,975 for processing an application to 

adopt a child from overseas. The fee is exempt from VAT. 

v. The fee is paid once the application is accepted. 

The fee includes case management but does not include legalization, notarization or translation costs. 

 

Child Adoption Practices in India: Adoption under Hindu Law 

The Old Hindu Law saw post-independence reforms and one of them was in the form of the 1956 Hindu 

Adoptions and Maintenance Act (hereinafter referred to as HAMA) codified adoption legislation. It enabled 

anyone who falls within the definition of the term ‘Hindu’ as described in Section 2 of HAMA29 to be eligible 

for adoption for a kid. There have been numerous gradual changes brought about by this new codified law, such 

as adoption by Hindu women, eligibility for adoption by girls, etc. The Shastric Hindu Law looked at adoption 

as more sacramental than secular act. Some judges think that time object of adoption is twofold: (1) to secure 

one’s performance of one’s funeral rites and (2) to preserve the continuance of one’s lineage. Hindus believed 

that one who died without having a son would go to hell and it was only a son who could save the father from 

going to Poota. This was one of the reasons to beget a son. Currently, the adoption under Hindu is governed by 

the Hindu Adoption and Maintenance Act. 1956.30 HAMA offers for the adoption of Hindu kids by Hindu 

parents. This does not apply to other groups such as Muslims, Christians and Parsis. In India, now several 

changes to the law regarding adoption have been made under the Hindu Adoption and Maintenance Act, 1956. 

The most important changes that this Act brought was that it reduced the aim of adoption to secular only and 

also gave women equal rights to men i.e. now, under this Act both boys and girls may be adopted31.Adoption is 

a noble cause that gives joy to children who have been abandoned or orphaned. This provides an opportunity to 

shine through the human side of civilization. It is a beneficial program where the child is treated as the natural 

born child and given all the love, care and attention. At the same time, it fills the void in the parents who 

yearned for Children, their laughter and mischief echoing off the walls of a home.  

 

In the words of Nicole Schellenger,32even though few changes could be made to make the laws regarding 

adoption a little uniform, the existing laws cannot be regarded as not having any positive impact, rather it is time 

to fill the lacunae with the evolving times and providing uniform law to bring about equal status and equal rights 

for all. There has been need for a uniform civil code, as the personal laws of all religions have become static and 

cannot alter at the same rate as the society. The kids of the nation are significantly supreme assets. Their 

nurturing and solitude are nation’s obligations. Children’s programs should play a prominent role in domestic 

human resource development plans to enable kids to grow up to become good citizens; physically fit, mentally 

alert and morally healthy with the abilities and motivation that society needs. The objective is to provide all kids 

with equal opportunities for growth, as this will serve bigger aims to reduce inequality and increase social 

justice.’If there is a cause worth fighting for, it is this: Children belong in families’33 The discussion shows that 

law provides a status to the adopted child as well as the adoptive family. Communities other than the Hindus do 

not have a foolproof mechanism of governing adoptions at par with the Hindus. There is no prohibition 

of adoption in the religious laws of Parsis, Christian, etc., even though none of these communities have personal 

law of adoption or statutory law to that effect. It will be thus custom which governs adoption in their case. 

Adoption is a noble cause, which brings happiness to kids, who were abandoned, or orphaned. This gives a 

chance for the humane side of civilization to shine through. It’s a beneficial program where the child is treated 

as the natural born child and given all the love, care and attention. Adoption is the creation of a new, permanent 

relationship between an adoptive parent and child. Once this happens, there is no legal difference between a 

child who is adopted and a child who is born into a family. Adoption once validly made is final and cannot be 

revoked.  The adopted child could not renounce the adoption. The law has further made an express prohibition 

against the payment of money or other reward in consideration of adoption. 

 

 

 

 

 

 
28https://www.gov.uk/child-adoption/adopting-a-child-from-overseas 
29Hindu Adoption and Maintenance (Amendment) Act 2010 
30Docs.manupatra.in (2019),http://docs.manupatra.in/newsline/articles/Upload/E8EFE493-114B-4E5B-A014 

682EB1729301.pdf (last visited Aug 30, 2019). 
31CHILD ADOPTION IN INDIA – ISSUES AND CHALLENGES, 120 International Journal of Pure and Applied 

Mathematics (2019), https://acadpubl.eu/hub/2018-120-5/4/358.pdf (last visited Aug 31, 2019). 
32 Nicole Schellenger, A former Executive Director of an intercounty adoption Agency, she is considered an authority in 

Adoption Agency compliance matters, http://www.foxrothschild.com/Nicole Schellenger. 
33 Nicole Schellenger op Cit. 



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Child Adoption among African Countries (South Africa and Ghana) 

 

Child Adoption in South Africa34 

Like any other societies, African societies have rules and regulations that govern their daily lives. These rules 

and regulations are intended to ensure both posterity and continuity in community life and customs. Families 

form the basis of society and each family is designed and fashioned by its members including, most importantly, 

the husband and wife. In African societies the husband and wife form part of a greater relationship/kinship35 that 

affects its members. Procreation is, and has always been central to African society. It is believed that through 

reproduction the family line is preserved. However, other forms of preserving the family line are promoted, and 

these include adoption36.  The word ‘adoption’ is not defined in any South African statute. However, it has been 

described as a process by which a person assumes a parenting role over another, usually a child, from that 

person’s biological or legal parent or parents; in so doing, the adopter permanently assumes all the rights and 

responsibilities of a parent37. The process entails a person or persons taking over the rights and responsibilities 

of the natural parent of a child. It is a legal act that creates a legal relationship between a parent and a child38. 

Once the adoption process has been finalized, all the rights and responsibilities of the biological parents cease. 

Equally, an adopted child loses all legal ties with their birth parents and becomes a legal member of the adoptive 

family, usually taking the family’s name.  This process should be differentiated from the concept of foster-

parenting. Foster-parenting is a temporary arrangement in terms of which a child is placed in the care of another 

person without the rights and responsibilities of parenthood being transferred permanently to such a person39.  

 

Adoption under the Children’s Act 38 of 200540 

The Children’s Act outlines adoption procedures and processes in South Africa. The Act regulates issues 

relating to consent to adopt41, procedures relating to the adoption of children born out of wedlock42, exclusions 

regarding consent, and the issue of who is eligible to adopt a child43. Among those who are permitted to adopt a 

child are married couples, partners in a life-partnership (including same-sex partners), a person who has married 

the natural parent of a child, or a single person (a widow or widower or an unmarried or divorced person) with 

the consent of the Minister44. Section 18 of the Act further requires that the adoption of a child shall be effected 

by a court order. This invariably means that an adoption that has not been endorsed as prescribed is not 

recognized as such.  The Children’s Act also defines an adopted child as a child adopted in terms of any other 

law’45. It further provides that an adoptive parent46 includes a parent who has ‘adopted a child in terms of any 

other law’. It provides further that a child is adopted if the child has been placed in the permanent care of a 

person in terms of a court order that is contemplated in terms of section 24247 of the Act. Section 242 provides 

for the implementation of an adoption order, which includes terminating the responsibilities that any person may 

have had towards the child prior to the order. The order confers full parental responsibilities and rights in respect 

of the child upon the adoptive parent; allows the child to adopt the adoptive parents’ surname, and prohibits 

marriage or sexual intercourse between the child and the adoptive parent. All property lawfully possessed by the 

child prior to the adoption remains theirs and is not transferred to the adoptive parents. The entire process gives 

 
34 Stephen Monye, op cit.,  
35 African cultures see kinship differently from Europeans. Kinship is created through cattle – not necessarily through 

procreation. Literally translated, ‘Ngwana o tswalwakekgomo’ means ‘cattle not men begat children’. In custom, an adult 

man can be adopted into any family by giving a cow, a bull or an ox (kgomo). In marriage, a woman’s child-bearing capacity 

is transferred to her husband’s family through the giving of cattle.   
36 Stephen Monye, Customary Law and Adoption: The ‘O E Gapa Le Namane’ Custom as a Reflection of Customary -Law 

Development In South Africa, Journal of Law, Society and Development, Vol. 4, No. 1, pg. 1. 
37 D Singh, Adoption of children born out of wedlock, 1996 De Jure at 305. See further TL Mosikatsana ‘Comment on the 

adoption by K and B’ (1995) 31 CRR (20) 151 (OntProvDiv) 1996 at 582.   
38 See Robb v Mealey’s Executor (1899) 16 SC 133–136.   
39 Stephen Monye, Customary Law and Adoption: The ‘O E Gapa Le Namane’ Custom as a Reflection Of Customary -Law 

Development In South Africa, Journal of Law, Society and Development, Vol. 4, No. 1, pg. 3. 
40 (Hereinafter referred to as the Children’s Act).   
41Sections 233 and 236. 
42Sections 237 and 238. 
43 See s231.   
44 S231.   
45 S 1 of the Children’s Act. It was initially defined as ‘a child adopted under the provisions of Chapter 4 of this Act or of the 

Children’s Act, 1960 (Act 33 of 1960), or of the Children’s Act, 1937 (Act 31 of 1937), or of the Adoption of Children Act, 

1923 (Act 25 of 1923)’.   
46 S1 of the Children’s Act initially defined as ‘a person who adopts or has adopted a child under the provisions of Chapter 4 

of this Act or of the Children’s Act, 1960 (Act 33 of 1960), or of the Children’s Act, 1937 (Act 31 of 1937), or of the 

Adoption of Children Act, 1923 (Act 25 of 1923)’. 
47S 242. 



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effect to the creation of a parent–child relationship between the adopting parties and the adoptee.  The Act 

further regulates who may adopt a child. Of significance here is that a child may be adopted by a married person 

whose spouse is the parent of the child or by a person whose permanent domestic life partner is the parent of the 

child48. The section further allows for the biological father to adopt a child born out of wedlock. This section 

also caters for instances where a male spouse sires a child while married or before marriage to another woman. 

The Act further allows foster-parents to adopt the children being fostered by them. Section 230 provides a list of 

children who are adoptable and makes any child adoptable if it is in the interests of the child to be adopted. The 

requirements for adoption are to be welcomed as they make it easier to identify formal adoptions. This is more 

apparent as a result of the fact that the order for adoption is made by the Children’s Court after it has considered 

the application for adoption in terms of section 240 of the Act. 

 

Child Adoption in Ghana 

Ghana is one of the world’s fastest growing economies and does not have a lot of civil unrest in its history. It 

ranks in the top quarter of the world’s most peaceful countries, so families are sure to feel comfortable traveling 

for their adoption. Adoption in Ghana is handled by the Department of Social Welfare (DSW) - Client Services 

Unit, and the local court system. Families will work with CAN’s lawyer and local representatives to submit their 

dossier to the DSW, who issues the referral, and later to the court for final approval of the adoption. Adoptions 

in Ghana are only legal when the DSW approves them, and they are only complete once the court approves 

them. Ghana is not party to the Hague convention. 

 

Child Adoption under the Ghana Children’s Act 199849 

Fosterage and adoption is covered under part IV of the Children’s Act50. This part is sub-divided into four sub-

parts, sub-part 1 to sub-part 4 and covers section 62 to section 86. An application for an adoption order may be 

made jointly by a husband and his wife to adopt a child51. An application for an adoption order may be made by 

the mother or father of the child alone or by either of them jointly with a spouse.52 An application for an 

adoption order may be made by a single person subject to the provisions of this Sub-Part except that this shall 

only apply to a citizen of Ghana and with due regard to the best interest of the child.53 Fundamentally adoption 

in Anambra State and other Jurisdictions provides the Child with a home where he or she would be properly 

taken care of and the adopter parents’ sadness of childlessness will be removed, bringing happiness in the said 

family. 

 

6. Conclusion and Recommendations 

From the foregoing, one could see the challenges of child adoption in the Igbo cultural heritage, South East, 

Nigeria. Though globalization has brought lots of changes into Igbo culture thereby making some families 

benefit from child adoption, homeless and motherless children are also given a home. Some hopeless children 

who were denied of parental care were adopted by families and were given hope. Again, the practice of adoption 

seeks to permanently severe the relationship between the adoptee and his natural family. What if the adoptee 

wants to go back to his natural family in the future? Adoption should therefore be reserved only for children 

whose parents are unknown but for some other categories of children, foster parenting or guardianship would be 

preferable as such juveniles would be free to maintain contact, no matter how trivial, with their natural families. 

It is of utmost necessity that the benefit of child adoption cannot be over emphasized. Therefore, there is the 

need to disabuse the wrong ideology of Igbo man over adoption. It is good that investing in a human being is the 

greatest investment one should embark on. From every possible indication, the need for orientation on child 

adoption and the values inherent in it cannot be played down on. Taking care of our fellow human being through 

child adoption is another way of helping each other and becoming a steward of our fellow humans and thus 

respecting the call of God in the book of Genesis. Adoption in some other Jurisdictions under discuss is 

basically to give a sense of belonging, care and family Life to the adopted child and wipe the tears of 

Childlessness from the adopter. Child adoption is supposed to give couples parental control of a child. It is also 

supposed to be an alternative for couples who have no child of their own, thereby giving them the opportunity to 

have a child of their own. Unfortunately, the idea has been misinterpreted or misunderstood and, in some cases, 

perception and cultural beliefs have affected the acceptability of adoption amongst the Igbos of Nigeria land. This 

paper therefore makes the following recommendations: 

 
48S 231(c). 
49 The Children’s Act 1998 (Act 560) of Ghana 
50 The Children’s Act 1998 
51S.66(1) Children’s Act 1998.  
52S.66(2) Children’s Act 1998.  
53S.66(3) Children’s Act 1998.  



NWOGU & MBA: Child Adoption in Anambra State of Nigeria and the Perception in some other Jurisdictions 

 

77 

(a) The government, Non-governmental organizations, community based health education programmes 

should create awareness through workshops and seminar and educate the societies on the importance 

and benefits of adoption to infertile couples. 

(b) The hospitals, government’s agencies that handle the process of adoption should be properly trained to 

keep proper records and maintain confidentiality of the adoptees and the child to be adopted, with this 

the adoptees will be confident and rest assured of the child they are adopting.  

(c) Adopters should also ensure that an adopted child automatically and legally becomes their own child, 

they should take proper care of the child the same way they will take care of their own biological child. 

(d)  Government should give strict modalities and monitor any adopted child to make sure that the adopter 

parents are taking good care of the children in their custody.  

(e) A child who is not wanted by the parents, should be taken to the motherless babies home so that those 

who are in need of children can adopt them and give them a home. If eventually the biological parents 

come for him later in life, government legislation should be used against them.  

(f)  The church and Non-governmental organizations should always preach on the importance of child 

adoption and the benefit of taking care of the adopted children.  

(g) Medical professionals should keep to the ethics of their profession by being truthful about child 

adoption, with this, the adopters will be confident about the child he/she is adopting.  

(h) Government, NGOs and missionaries should build more modern facilities for the homeless, orphans and 

less privilege. This will go a long way in keeping them off the streets and road. Such facilities should be 

extended also to the rural areas. 

 


