Legal perspective of child adoption under the nigerian law

• Author: Oluwatosin Omobolanle Ogwezzy
• Position: Faculty of Law
• Pages: 57-63

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2018), pp. 57-63

57

LEGAL PERSPECTIVE OF CHILD ADOPTION UNDER THE NIGERIAN LAW

OLUWATOSIN O. OGWEZZY

Oluwatosin Omobolanle OGWEZZY

Faculty of Law

Adekunleb Ajasin University, Akungba-Akoko, Nigeria

LL.B (Olabisi Onabanjo University, Nigeria), LL.M (Lagos, Nigeria),

B.L (Enugu, Nigeria)

Email: ogwezzytosin@gmail.com

ABSTRACT

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 that

attach to that relationship. Adoption severs a relationship between the child and the natural

parents or guardians.The institution of adoption is important in society because it touches on

status and therefore affects the rights and obligations of an adopted person. Adoption is

recognized as one of the forms of alternative care for children who have been temporarily or

permanently deprived of their family environment and also for children who are unable to

remain in their family environment. This paper seeks to examine the adoption of a child under

the Nigerian lawie. The statutory law, the customary Law ,procedure for adoption under

Nigerian Lawand the legal effect of adoption of a child under the Nigerian Law.

KEYWORDS: adoption,child,juvenile,court,adopter,adopt

INTRODUCTION

Adoption means the taking of a child or young person into the family of a spouse

whereby there is transferred to the spouse all the rights duties ,obligations and liabilities of

the natural parents in relation to the child or young person,as a result of which transfer the

spouse stands to the child or young person in the position of his lawful parents.

1

Thus by

means of adoption, a family is continued through the artificial relationship for example,

between a man and his wife on one hand, and a child on the other hand. Therefore the mere

fact that a couple brings up an orphan does not automatically mean that they have adopted the

child since the child may still be taken away from such a couple. Rather anyone or (any

couple) wishing to bring up somebod y else’s child as his or (their) own has to apply for an

adoption order from a court of competent Jurisdiction.

1. MEANING OF ADOPTION

The word “adoption” is the noun form of the verb “adopt”. The word adopt has

different connotations in different contexts.in the context of adoption as it relates to adoption

of children, to adopt means “To take a child of other parents into one’s own family be coming

its legal parents

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.In the words of DavidWatson, adoption is a legal procedure that permits a

1

Section 2, Cap4,Laws of Edo State of Nigeria 2008

2

Mairi Robinson and George Davidson (Editors)Chambers 21st Century

Dictionary,RevisedEdition,NewDelhi,allied Chambers(India )Limited,P.17