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ADOPTION OF CHILDREN IN NIGERIA: PROBLEMS AND PROSPECTS* 

 

Abstract 

With operation of regulatory instruments in Nigeria, there are prospects for the challenges to child adoption. 

Thus, this study focused on a critical analysis of the challenges and prospects for child adoption in Nigeria. The 

research methodology was doctrinal using content analysis. The sources of data collection were literatures from 

physical library and e-library. This article found that the Child’s Rights Act and other related legislation is not 

bereft of pitfalls and this impedes the progress of family law. It was recommended, among others, that the 

various agencies and NGOs should, in consultation with the Human Rights Commission and in collaboration 

with the office of the First Lady of respective states, establish child protection institutions across the respective 

states to secure the future of the adopted children, while the legislators also should abridge the lacuna in the 

legislation. This article is significant to all stakeholders in child adoption in Nigeria. 

 

Keywords: Child Adoption, Problems, Prospects, Nigeria 

 

1. Introduction 

The compelling factors and situations to this research is the fact that, there have been series of humanitarian 

crises in Nigeria even currently as a result of Boko Haram insurgency in the North East, unending attacks by the 

Fulani herdsmen on communities in the North central which made or rendered many children orphans and 

without the warmth of a family and parental care. The United Nations Humanitarian Crises Report (UNHCR)1 

reports that the Boko Haram insurgence has rendered child from 5,400 households orphans. For this reason, 

there is need to integrate these affected children into families to avail them a touch of parental love else, they 

grow with resentment and hatred for the society due their condition.  Furthermore, there is disparity of treatment 

meted to adopted children and biological children. For instance, how do adopted children and biological 

children fare within the families? Most at times, these adopted children are sent to community schools, while the 

biological children attend good schools, mostly referred to as private schools. In Nigeria, according to Ojelabi 

and others2, the practice of child adoption is growing with improved public awareness through media, personal 

testimony, social research and other sources. It is interesting that both Governmental agencies and the NGOs are 

also promoting child adoption as a substitute to abortion to unintended/ unwanted pregnancy.3 

 

2. The Concept of Child Adoption 

Adoption is a process whereby a person assumes the parenting4 of a person being between the developmental 

period of infancy and puberty.5 Legal adoptions permanently transfer all rights6 and responsibilities, along with 

filiation7, from the biological parent or parents. According to the Black’s Law Dictionary,8 adoption is the 

‘Statutory process of terminating a child’s legal right and duties towards the natural parents and substituting 

similar rights and duties toward adoptive parents.’ According to Nwogugu,9 adoption is the process which 

‘creates a parent-child relationship between the adopted child and the adoptive parents with all the rights, 

privileges and responsibilities between the child and the natural parents or guardians. Adoption was unknown to 

common law and is entirely a creature of statute. While according to Aduba,10 adoption is the process by which 

the legal relationship between a child and his natural parents is severed and re-established between the child and 

a third party or parties. 

 

In many jurisdictions, the adopted person's full original birth certificate is cancelled and replaced with a 

fabricated post-adoption birth certificate which states that the child was born to the adoptive parents. This 

deception, where carried out, may continue with the adopted person for life and can be the cause for many well 

 
*By Chudi Charles NWABACHILI, LLB, BL, LLM, PhD, Professor of Law, Department of Private and Public Law, 

Dean of Faculty of Law, Chukwuemeka Odumegwu Ojukwu University, Anambra State, Nigeria. +2348033404185; and 

*Chinwe Patricia ILOKA, BA(ED), LLB, BL, LLM, PhD, Lecturer, Faculty of Law, Chukwuemeka Odumegwu Ojukwu 

University, Anambra State, Nigeria. Email: chypat4@gmail.com, cp.iloka@coou.edu.ng. Telephone: 08035696281.  
1United Nations Humanitarian Crises Report (UNHCR), ‘The UN Refugee Agency: Supplementary Appeal,’ (Nigeria 

Situation UNHCR, July, 2016) 7 – 3  
2Ojelabi, 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) 
3Aniebue, P. A and Anujebu, U. U. ‘Adoption Practices in Enugu’, Nigeria Journal of Clinical Practice 11(1) (2008) 5 – 8   
4‘Parenting’ Online Database<https://en.wikipedia.org/wiki/parenting> accessed 6th June, 2023. 
5Rathus S A Childhood and Adolescence: Voyages in Development (Cengage Learning, 2013) p. 48 
6 ‘Rights’ Online Database <https://en.wikipedia.org/wiki/rights> accessed 6th June, 2023. 
7 ‘Filiation’ Online Database <https://en.wikipedia.org/wiki/filtration> accessed 6th June, 2023. 
8Byran. A. G. Black Law Dictionary, 8th ed. (Thomson West: 2004)52  
9 Nwogugu, E. I.  Family Law in Nigeria, 3rd ed (HEBN Publishers Ltd., Ibadan, 2014) 333 
10Aduba, J. N. ‘Family Law,’ Unpublished Lecture Notes (Faculty of Law, University of Jos, February, 2018) 

mailto:chypat4@gmail.com
mailto:cp.iloka@coou.edu.ng


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

 

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documented traumas experienced by the adopted person, including loss of identity, family history, culture, 

biological family (including not only biological parents but also siblings and extended family), family medical 

history and records, and increased risk of suicide, homelessness, incarceration, PTSD, depression, and anxiety.11 

Unlike guardianship12 or other systems designed for the care of the young, adoption is intended to affect a 

permanent change in status and as such requires societal recognition, either through legal or religious sanction. 

Historically, some societies have enacted specific laws governing adoption; where others have tried to achieve 

adoption through less formal means, notably via contracts that specified inheritance rights and parental 

responsibilities13 without an accompanying transfer of filiations. Modern systems of adoption, arising in the 

20th century, tend to be governed by comprehensive statutes and regulations.14 Legitimacy, in connection with 

adoption, is that a child becomes legitimate once he is legally adopted. 

 

3. Legal Framework for Adoption and Rights of Children in Nigeria 

There was no statutory provision for adoption in any part of Nigeria before 1965. This caused a lot of hardship 

to parties or actors in child adoption. There was a demarcation between legal provisions and the practice of child 

adoption itself. This quagmire continued until 1965 when the first adoption legislation in Nigeria was eventually 

enacted in the then Eastern Region of Nigeria.15 This legislation was known as the Eastern Nigeria Adoption 

Law 1965.16 However, this legislation was not effective to address the perennial problems that bedeviled child 

adoption in Nigeria. The different traditions and cultures in Nigeria still carried on their different practices 

regarding child adoption. In other words, there was conscious need to enact an all-encompassing legislation that 

will address the issues in customary adoption and same be made enforceable. Therefore, just after the 1965 

Eastern Nigeria Adoption Law, Lagos State promulgated an adoption law in 1968 and other South Western 

States subsequently followed with their own laws which had a lot in common with each other.17 This legislation 

did not cover the states in the Northern region and as such they did not have any legislation on child adoption. 

Even the international law came in concern about legislation on the child rights in about 20years after the 

Nigerian 1968 enactment.18 Thus, on 20th of November 1989, the United Nations General Assembly adopted 

the Convention on the Rights of the Child (CRC) and in July 1990, OAU Assembly of Heads of States and 

Governments adopted the African Charter on the Rights and Welfare of the Child (ACRWC).19 Presently, both 

international instruments contain universal set of standards and principles for survival, development, protection 

and participation of children. Subsequently, Nigeria signed both international instruments (CRC and ACRWC) 

and ratified them in 1991 and 2000 respectively.20 Following these commitments, the Nigeria federal 

government passed a comprehensive Child’s Right Act 2003 into law. The Act is presumed to be culturally 

sensitive, compatible, relevant and in the best interest of the Nigerian child. It incorporates all the right and 

responsibilities of children and consolidates all laws relating to children into a single law.21 

 

Child’s Rights Act (CRA) 2003 

The Nigerian Child Rights Act provides for child adoption under Part XII of the act. The part consists of 23 

sections (124-148 of the Act). The basic provisions in these sections are that: 

vi. all state should provide services and facilities to enhance child adoption practice; 

vii. prospective adopters must make application to a court of law; 

viii. only children whose parent/guidance consent to adoption or those who have compelling reasons to be 

adopted can be adopted; 

 
11 Ibid. 
12 A legal guardian Online Database<https://en.wikipedia.org/wiki/legalguardian> accessed 6th June, 2023. 
13In the nations of the European Union and in the United Kingdom, parental responsibility refers to the rights and privileges 

which underpin the relationship between the children and the children's parents and those adults who are granted parental 

responsibility by either signing a 'parental responsibility agreement' with the mother or getting a 'parental responsibility 

order' from a court. The terminology for this area of law now includes matters dealt with as contact and residence in some 

states. Online Database<https://en.wikipedia.org/wiki /parental responsibility> accessed 6th June, 2023. 
14 Wikipedia, ‘Adoption’ Online Database<https://en.wikipedia.org/wiki/Adoption> accessed 6th June, 2023. 
15Chukwu, L. O. C. Adoption of Children in Nigeria under the Child’s Rights Act 2003 (Adoption of Bill of Rights, 2012) 45 
16 It came into force on the 20th of May 1965 
17Iphey, ‘Adoption Laws of Lagos State/Practice and Procedure, Nigerian Village Square’ Online Database 

<http://www.nigeriavillagesquare.com/articles/guest-articles/adoption-laws-of-lagos-state-practice-and-procedure.html> 

accessed on 13th June, 2023. 
18 Ibid. 
19UNICEF, ‘Child Rights Legislation in Nigeria,’ UNICEF Nigeria-Fact Sheet (2011) Online Database 

<http://www.unicef.org/nigeria/Child_rights_ legislation_in_Nigeria.pdf> accessed on 4th June, 2023. 
20UNICEF. The Child's Right Act: UNICEF Nigeria- Information Sheet (2007) <http://www.unicef.org/nigeria 

/Child_rights_ act.pdf> accessed on 6th June, 2023. 
21UNICEF, ‘Child Rights Legislation in Nigeria,’ UNICEF Nigeria-Fact Sheet (2011) Online Database 

<http://www.unicef.org/nigeria/Child_rights_ legislation_in_Nigeria.pdf> accessed on 6th June, 2023. 



NWABACHILI & ILOKA: Adoption of Children in Nigeria: Problems and Prospects  

 

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ix. except the court sanctions it, the Act prohibit payment to facilitate the adoption of a child; 

x. adopted children register must be maintained to record child adoption activities within a court; 

xi. no adopter or any other person shall facilitate re-adopting of an adopted child except with the court’s 

sanction; 

xii. and periodic visit to every child adopted under the Act must be maintained to ensure their wellbeing; 

and 

xiii. it also provides for a system of child justice administration and a child’s rights implementation 

committees at all levels of government.22 

 

This has also called for domestication by the states in Nigeria. However, in 2011, eight years after the enactment 

of the law, only 24 out of the 36 States Houses of Assembly have passed the Child Rights Act 2003 into law 

while others are still in the process of doing so.23 Among these states are Akwa Ibom, Lagos, Plateau, Oyo, 

Nasarawa, Ogun, etc.  They do so because the belief that issues involving child rights protection are on the 

residual list of the Nigerian Constitution, thus they are within the legislative competence of the states.24 

It is to be noted that the issue of child rights is no longer national but transcends to the regional and international 

law parlance. It is notwithstanding whether all the states in Nigeria domesticate the national legislation or not. 

Any act or omission that abuses the right of a child is actionable, nationally and/or internationally. 

 

Constitution of the Federal Republic of Nigeria 1999 (as amended) 

The Constitution25 of Nigeria also makes some provisions that guarantee the child of his fundamental rights for 

the reason of sharing in the same humanity. The constitution provides for the fundamental objectives and 

derivative principles of the state policy under its chapter 226. Sections 17 and 18 provides for social and 

educational objectives respectively. Some specific provisions which relate to child’s rights are section 18 (3) (a) 

which provides that the government shall ensure ‘free, compulsory and universal primary education’27 to 

children. Also, section 17 (3) (f) provides that ‘children and young persons…are protected against any 

exploitation whatsoever, and against moral and material neglect’.28 This provision of the constitution does not 

make restriction to any kind of child, whether he be legitimate or illegitimate, adopted or non-adopted, orphan 

or non-orphan. That is to say, these provisions cover even an adopted child. However, and so unfortunate, these 

provisions being under chapter 2 of the constitution are non-justiciable, according to section 6 (6) (c).29 But 

there is a leeway to this. This is by taking leverage on chapter 4 of the same constitution. Chapter 430 is about 

the fundamental rights of every citizen. The rights which can have much impact on the child’s rights include the 

right to life31, right to personal liberty32, right to freedom from discrimination33. Section 46 of the Constitution34 

makes these fundamental rights justiciable and enforceable. Therefore, adopted child’s right can be effectively 

protected and secured. 

 

Beijing Declaration: Fourth World Conference on Women  

This is another legislation that has concern about the child’s rights. Beijing Declaration provides under 

declarations 23, 24, 29, 32 specifically focused on girl child’s rights.35 Declaration 23 and 32 provides for full 

enjoyment by the girl child as it relates to human rights and fundamental freedoms and the protection of same 

against violation. Declaration 24 provides for elimination of all forms of discrimination against girl child. 

Declaration 29 provides for prevention and elimination of all forms of violence against girls. These provisions 

are so relevant to the child’s rights. Though it focuses on only female child, but adopted child has some 

coverage based on these declarations by the Beijing. Convention on Elimination of all Forms of Discrimination 

against Women also gives credence to Beijing Declaration.36 Nigeria ratified this Convention on 13th June, 

1985. 

 

 
22 Tajudeen, O. I. ‘Adoption Practice in Nigeria-an Overview’, Journal of Law, Policy and Globalization, 19 (N. P., 2013). 
23 Ibid. 
24 Nwogugu, E.I. Family Law in Nigeria (Ibadan Heinemann, 1990)76 
25 Constitution of the Federal Republic of Nigeria, 1999, as altered 
26 Ibid. 
27 Ibid. section 18 (3) (a) 
28 Ibid. Section 17 (3) (f) 
29 Ibid. 
30 Ibid. 
31 Ibid. section 33 
32 Ibid. section 35 
33 Ibid. Section 42 
34 Constitution of the Federal Republic of Nigeria, 1999, as amended 
35 Beijing Declaration: Fourth World Conference on Women 
36 Article 5 (b) of the Convention on Elimination of all Forms of Discrimination against Women, 1979. 



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United Nations Convention on Right of the Child of 1989 

This convention is very useful in any discuss about the child’s rights. Thus, the Nigerian Child Rights Act has 

built on the foundation laid by this convention. The Convention provides in its preamble part the meaning of the 

term ‘recognizing’ as it basically related to a child. The parties to the Convention ratify it by ‘recognizing that 

the child for the full and harmonious development of his or her personality, should grow up in a family 

environment, in an atmosphere of happiness, love, and understanding’ (bold emphasis mine).37 

Article XVI provides as follows: 

(i) no child shall be subjected to arbitrary or unlawful interference with his or her privacy, 

family, home, or correspondence nor to unlawful attacks on his or her honor and reputation. 

(ii)The child has the rights to the protection of the law against such interference or attacks.38 

 

Article 3 of CRC provides that in all actions concerning children, the best interests of the child shall be a 

primary consideration.39 Article 32 of CRC40 requires state parties to ensure protection of the child from 

economic exploitation and performance of hazardous work. This also affects both the adopted child and non-

adopted child. They share equal rights as far as this Convention is concerned. The Convention was adopted in 

Nigeria on the 20th November, 1989. 

 

National Human Rights Commission Act  

This is a Nigerian legislation that was enacted by the National Assembly of the Federal Republic of Nigeria on 

the 27th day of September, 1995. This is an Act by Nigeria to establish the National Human Rights Commission, 

for the protection of human rights, dignity and freedoms. National Human Rights Commission Act is a kind of an 

encyclopedia which accommodates, gives life, makes the effects of all other legislations having to do with the 

child’s rights, including the international law instruments. Section 5 (a) of the Act provides the Commission shall 

deal with all matters relating to the promotion and protection of human rights guaranteed by all the above 

legislation, as well as other legislation having to do with human rights. In a nutshell, Nigeria fully recognizes and 

is a party to international legislation (as examined above) that deal with the issues of child’s rights. In other 

words, apart from its domestic legislation, child’s right of adopted child in Nigeria is also regulated and 

protected by international legislation. By implication, this can be invoked accordingly as the case may be. 

However, the basic instrument very much operational in the country is the Child Rights Act and the Child 

Rights Law of different states. 

 

4. Challenges to Child Adoption in Nigeria 

 

Cultural Impediment or Barrier 

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 

makes formal adoption difficult. Most at times, adopted children are not usually accepted as born children of 

adopter.41 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 Aduba42 where 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 Rights Act by some States 

Despite the enactment of the Child Rights Act in 2003, there are some states that are yet to domesticate the Act 

to allow for a uniform adoption process 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 this non-domestication of the Child’s Rights Act are that, where there is a pre-2003 legislation on adoption, it 

will continue to apply. 

 
37 United Nations Convention on Right of the Child, 1989. 
38 Ibid. Article XVI (1) (2). 
39 Prince v Massachusetts 321 US 158 (1944) Judgment of January 31st 1944. 
40 Ibid Art 32 (1) and (2) (a)–(c). 
41Ojelabi, 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) 
42 Aduba & Ors v Aduba (2018) LPELR-43765 (CA) 



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Abuse of Adopted Children by their Adopted Parents 

Most people find it very difficult to give up their children for adoption. This is because, most adopted children 

are being abused by their adoptive parents. Sometimes, the children are usually assaulted, physically abused. 

 

Restriction of Adoption to only Citizens of Nigeria 

Section 131(1) (d) of the CRA43, 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. 

 

Non- recognition of Adoption under Islamic Law 

Islamic law does not allow for adoption of children. It only recognizes fostering and guardianship.44 The non-

recognition of adoption under Islamic law denies couples or individual who wishes to adopt based on the 

provisions of the CRA. 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. 

 

5. Prospects of Child Adoption in Nigeria 

There are some basic things which if done will promote the effectiveness of child adoption. They are: 

 

Awareness Campaign among all Actors 

Commencement of 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 can be a focus. 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 a bill to amend the CRA to allow for adoption by non-Nigerians. While in the case of a single 

application by non-Nigerian 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. This will give room for 

adoption under a statute and help check the cases of child trafficking and illegal adoption. 

 

Orientation and Enlightenment 

The series of humanitarian crises from Boko Haram insurgency, Fulani herders-farmers mayhem, militancy, 

flood, etc. render many children orphans and homeless. There is need to enlighten the public on how to adopt 

and reintegrate these children into families to avail them a touch of parental love. Otherwise, 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. 

 

 
43 2003. 
44Nwogugu, E. I. Family law in Nigeria (Ibadan Heinemann,1990)326  



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6. Conclusion and Recommendations 

Though the Federal Government of Nigeria has dissuaded the procedures of child adoption from various 

Nigerian cultural practices to the regulation of a statute called the Child Rights Act, the procedures under the 

Act is still faced with a lot of challenges as well as enviable prospects. However, notwithstanding the 

shortcomings, there are a lot of pluses to the practice and procedures of child adoption in the present Nigerian 

society as compared to the antiquity. This makes the statute on child adoption and other related legislation 

plausible and commendable. Basically, these have been what this research work has been committed to 

exploring and critically examining. Thus, the researcher has carefully presented the findings in a critical and 

systematic order. The following measures may be useful: 

d) The governments, in collaboration with the NGOs, should raise funds to widely produce, gazette and 

distribute the Child 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. 

e) 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 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. 

f) The government at different tiers should properly fund and equipped the various institutions in relation 

to child’s right and adoption. 

g) The Chief Judge of the state should immediately takeover thorough supervision the Family Courts and 

ensure protection of the rights of adopted children. 

h) 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. 

i) As a way of checking the abuse of adopted children by their adoptive parents, there should be 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. 
 


