Adoption Law

1. Citation. This Law may be cited as the Adoption Law. .[LBDSN 5 OF 1979]

2. Interpretation In this Law, unless the context otherwise requires - "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; "Adoption order" means an order made under Section 4 (1) of this Law; "Chief Registrar" means the Chief Registrar of the State?s High court of Justice; "Court" means a court having jurisdiction to make adoption orders under this Law; "Father" in relation to a child means the natural father; "Juvenile" means a person who is under eighteen years of age and to whose adoption this law applies; "Permanent Secretary" means the Chief Registrar of the State?s High Court of Justice. "Probation Officer" has the meaning assigned to it under Section 2 of the Children and Young Persons Law; [LBSN 1976, Cap. 38. LDSN 2005, Cap. 28] "Relative" in relation to a juvenile means a grandparent, brother, sister, uncle or aunt whether of the full blood or half blood or by affinity and includes, the natural father of the juvenile and any person who would be a relative of the juvenile within the meaning of this definition if the juvenile were the natural child of his father; "State" means the Delta State of Nigeria.

3. Application (1) This Law shall apply only to the adoption of a person under the age of eighteen years who is abandoned and whose parents and other relatives are unknown or cannot be traced after due enquiry certified by a Juvenile Court. (2) All references in this Law to a juvenile shall be constrained as references to a person to whose adoption this Law applies.

4. Power to make adoption orders (1) Subject to the provisions of this Law the court may, upon the application of any person in the prescribed manner, make an order (hereafter in this Law referred to as an “adoption order”). (2) An adoption order may be made upon the application of two spouses authorising them jointly to adopt a juvenile, save that in no other case shall an adoption order authorise more than one person to adopt a juvenile.

5. Restrictions on the making of adoption orders (1) An adoption order shall not be made in respect of a juvenile unless- (a) The applicant or, in the case of joint applicants, one of them is not less than twenty-five years old and is at least twenty- one years older than the juvenile; (b) The applicant and the juvenile are resident in the State; (c) The juvenile has been in the care of the applicant for a period of at least three consecutive months immediately preceding the date on which the order is made; and (d) The applicant has at least three months before the making of the order informed the Probation Officer of his intention to adopt the juvenile. (2) An adoption order shall not be made in respect of a female juvenile where the sole applicant is a male unless there are exceptional circumstances, which in the view of the court justify the making of such an order.

6. Consents to adoption (1) Where a married man or woman is the sole applicant for an adoption order the court may, if it thinks fit, refuse to make the order unless the consent of the wife or husband, as the case may be, to the making of the order is first obtained. (2) Where it appears to the court that any person other than the father or mother or relative of a juvenile has any rights or obligations in respect of the juvenile under any order of court or any agreement or under customary law the court may, if it thinks fit, refuse to make the adoption order unless the consent of that person is first obtained. (3) It shall be the duty of the Probation Officer on any application for an adoption order in respect of a juvenile to prepare a report to assist the court in determining whether any person who is not a parent or relative of the juvenile has any right or obligations in respect of that juvenile and whether the consent of any such person ought first be obtained. (4) Consent under this section may be given either- (a) Unconditionally; or (b) subject to conditions with respect to the religious persuasion in which the juvenile is to be brought up. (5) In giving any consent under subsection (4) of this section, it shall not be necessary for the person giving the consent to know the identity of the applicant for the adoption order; and where consent so given by anyone is subsequently withdrawn on the ground only that he does not know the identity of the applicant, the consent shall be treated for the purposes of this section as having been unreasonably withheld. (6) The court may dispense with any consent required under this section if it is satisfied that the person whose consent would have been required- (a) has abandoned, neglected or persistently ill-treated the child; or (b) cannot be found or is incapable of giving his consent or is withholding his consent unreasonably.

7. Functions of court as to adoption (1) Before making an adoption order the Court shall be satisfied that- (a) every consent required under section 6 of this Law which has not been dispensed with has been obtained, and that every person who has given his consent understands the nature and effect of the adoption order for which the application is made; (b) The order, if made, will be for the welfare of the juvenile, due consideration for this purpose being given to the wishes of the juvenile having regard to his age and understanding; and (c) The applicant has not received or agreed to receive, and no person has made or given or agreed to make or give to the applicant any payment or other reward in consideration of the adoption other than what the court may approve. (2) The court may impose in an adoption order such terms and conditions as the court may think fit, and in particular, may require the adopter by bond or otherwise to make for the juvenile such provision as, in the opinion of the court, is just and expedient.

8. Interim orders (1) Subject to the other provisions of this section the court may, upon any application for an adoption order, postpone the determination of the application and make an interim order giving the custody of the juvenile to the applicant for a period not exceeding two years by way of a probationary period upon such terms as the court thinks fit as regard provision for the maintenance, education and supervision of the juvenile and otherwise. (2) The court shall impose as conditions under subsection (1) of this section- (a) that the juvenile shall be under the supervision of such welfare officer as the Permanent Secretary may appoint; and (b) That the juvenile shall not be taken out of the State without the consent of the court. (3) The consents to the making of an adoption order which are required under section 6 of this Law shall be required to the making of an interim order, and the power of court to dispense with any such consent shall apply in the case of an interim order as it applies in the case of an adoption order. (4) An interim order shall not be made in any case where the making of an adoption order would be unlawful under section 5 of this Law. (5) An interim order shall not be deemed to be an adoption order within the meaning of this Law.

9. Application by a person who is not citizen of Nigeria. Where the applicant for an adoption order, or in the case of a joint application, one of the applicants is not a citizen of Nigeria, the court shall in the exercise of its powers under section 8 of this law postpone the determination of the application for a period of not less than six months and make an interim order in respect of that period.

10. Jurisdiction Every application for an adoption order shall be made to the juvenile court within the jurisdiction of which the applicant or the juvenile resides at the date of the application.

11. Rules of court (1) The Chief Judge of the State may make rules of court providing generally for the practice and procedure of Court in respect of the adoption of juveniles. (2) The power to make rules conferred under subsection (1) of this section shall, without prejudice to the generality of that subsection include power to make provision for - (a) applications for adoption orders to be heard and determined otherwise than in open court; (b) the admission of documentary evidence of any consent required under section 6 of this law; and (c) requiring the probation officer to prepare for the consideration of the court on an application for an adoption order, a report for the assistance of the court in determining whether the order will be for the welfare of the juvenile.

12. Appeals An appeal shall lie to the High Court from the Juvenile Court in respect of any decision on any application for an adoption order other than a decision to postpone the determination of an application for such order and make an interim order.

13. Corrective Orders (1) Arrangements may be made for the adoption of any juvenile in respect of whom a corrective order made under section 14 (d) of the Children and Young Persons Law committing him to the care of an individual not being a relative. LBSN 1976, Cap.38 (2) In every case to which subsection (1) of this section applies on the application for an adoption order being made, and on being satisfied that the adoption would be for the welfare of the child or young person concerned, the Juvenile Court shall suspend that corrective order so as to enable the applicant to have the child or young person in his care for a period of at least three consecutive months immediately preceding the date of the adoption order. LBSN 2005, Cap.28

14. Rights and duties of parents and other person (1) Upon an adoption order being made:- (a) all rights, duties, obligations and liabilities, including any under customary law applicable to the parents of the Juvenile, or any other person in relation to the future custody, maintenance and education of the juvenile (including all rights 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 all rights, duties, obligation and liabilities in respect of the future custody, maintenance and education of the Juvenile as would vest in him if the Juvenile were a child born to the adopter in lawful marriage; and in respect of the matters aforesaid, the juvenile shall stand to the adopter exclusively in the relationship of a child so born. (2) In the case where a man and his wife are joint adopters of a juvenile the man and his wife, shall in respect of the matters aforesaid, and for purpose of the jurisdiction of the court to make orders as to the custody and maintenance of and rights of access to children stand to each other and to the juvenile in the same relation as they would have stood if the juvenile were a child born to them in lawful marriage, and, in respect of the matters aforesaid, juvenile shall stand to them exclusively in the relationship of a child so born.

15. Intestacy For the purpose of the devolution of property on the intestacy of an adopter, an adopted person or any other person, the adopted person shall be treated as the lawful child of the adopter and not as the child of any other person.

16. Construction of settlements and wills In any disposition of property made after the date of an adoption order any reference (whether express or implied) to - (a) The child or children of the adopter shall, unless the contrary intention appears, be construed as including, a reference to the adopted person; and (b) a person related to the adopted person in any degree shall, unless the contrary intention appears, be construed as a reference to the person who would be related to him in that degree if he were the child of the adopter born in lawful marriage and were not the child of any other person.

17. Effect of adoption on maintenance orders Where at the time when an adoption order is made in respect of a juvenile an order requiring a person to contribute towards the maintenance of juvenile under the Children and young Persons Law is in force the last mentioned order shall cease to have effect at that time. [LBSN 1976. Cap.38. LDSN 2005, Cap. 28]

18. Adopted Children Register. (1) The Chief Registrar shall establish and maintain a register to be called and known as the Adopted Children Register in which shall be made such entries as may be directed by an adoption order to be made therein, but no other entries. (2) Every adoption order shall contain a direction to the Chief registrar to make in the adopted Children Register entry in the form specified in the Schedule hereto. (3) If upon any application to the court for an adoption order there is proved to the satisfaction of the court - (a) the date of the birth of the juvenile; and (b) the identity of the juvenile with a child to whom any entry in the Register of Birth relates, the adoption order shall contain a further direction to the Chief Registrar to cause that birth entry in the Register of Births to be marked “Adopted” and to include in the entry relating to the adoption of the juvenile in the Adopted Children Register the date of the juvenile’s birth in the manner specified in the schedule hereto. (4) Where an adoption order is made in respect of a juvenile who had been the subject of a previous adoption order made by the court under this Law the order shall contain a direction of the Chief Registrar to cause the previous entry in the Adopted Children Register of that juvenile to be marked “Readopted”. (5) The Court shall cause a copy of every adoption order to be communicated to the Chief registrar and upon receipt thereof the Chief Registrar shall comply with the directions contained therein. (6) A certified copy of an entry in the Adopted Children Register if purporting to be stamped or sealed with the seal of the Chief Registrar’s office shall be proof of such adoption as is therein specified, and where the copy of the entry includes the date of the birth of the juvenile to whom it relates, it shall be proof also of such date without any further evidence as though the same were also a certified copy of an entry in the Register of Births. (7) The Chief registrar shall cause an index of the Adopted Children Register to be made and kept in the registry. (8) The Chief Registrar in addition to the Adopted Children Register and the index thereof shall keep such other registers and books and make such entries therein as it may be necessary to record and the connection between any entry in the Register of Births which has been marked “Adopted” or “Readopted” and any corresponding entry in the Adopted Children Register. (9) Any such registers or books as are mentioned in subsection (8) of this section or any index thereof (if any) shall not be liable to searches by members of the public nor shall the Chief Registrar make a certified copy thereof or furnish any information therein contained to any person except under an order made by a court. (10) Upon the revocation of any adoption order the court shall cause the fact of the revocation to be communicated to the Chief registrar who shall cause to be cancelled - (a) the entry in the Adopted Children register relating to the adopted person; and (b) the marking with the word “Adopted” or “Readopted” of any entry relating to him in the Register of Births. (11) A copy or extract of an entry in any register being an entry the marking of which is cancelled under this section shall be deemed to be accurate copy if and only if both the marking and the cancellation are omitted there from.

19. Prohibition of certain payments (1) It shall not be lawful for an adopter or any other person to receive or agree to receive any payment or reward, except with the sanction of the court, in consideration for the adoption of a juvenile under this law or for the facilitation of the arrangement thereof, or for any person to make or give or agree to make or give to an adopter any payment or reward the receipt of which is prohibited by this subsection. (2) Any person who contravenes the provisions of sub-section (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

20. Restriction on sending Juvenile away for adoption (1) Except under a licence issued under section 21 of this law it shall not be lawful for any person to permit or cause or procure the care and possession of a juvenile to be given to any person outside the State with a view to getting the juvenile adopted by any person. (2) Any person who contravenes the provisions of subsection (1) of the section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

21. Licence to send juvenile away for adoption (1) Subject to the other provisions of this section, the Permanent Secretary may grant a licence, subject to such conditions and restrictions as he may think fit, authorising the care and protection of a juvenile for whose adoption elsewhere arrangements have been made for the juvenile to be transferred to a person resident whether within or outside Nigeria. (2) A licence shall not be granted under this section unless the Permanent Secretary is satisfied as respects every person whose consent would be required under section 6 of this law to the making of an adoption order for the adoption of the juvenile that - (a) the application for the aforesaid licence is made with the consent of that person; or (b) the consent of that person can properly be dispensed with on any ground on which the court could dispense with a consent to an adoption under the said section 6. (3) A licence shall not be granted under this section unless the Permanent Secretary is satisfied that the person to whom the care and possession of the juvenile is proposed to be transferred is a suitable person to be entrusted therewith, and that the transfer is likely to be for the welfare of the juvenile and consideration being for this purpose, given to the of the juvenile, having regard to the age and understanding of the juvenile.

22. Recognition of other adoptions Where any person has been adopted under the law in force in any part of Nigeria other than the State or under the law of any country other than Nigeria, the adoption shall have the like validity and effect as if it has been effected by an adoption order under this law.

23. Withdrawal of juvenile from care of Applicant While an application for an adoption order is pending in any court, no person who has given consent to an adoption order being made in respect of a juvenile shall withdraw the juvenile from the care and possession of the applicant without the leave of the court and the court shall have regard to the welfare of the juvenile in considering whether or not to grant such leave.

24. Prohibition of marriage of adopter, etc., with adopted juvenile (1) To the extent to which marriage is a matter within the legislative competence of the state, a marriage between any person who has adopted a juvenile under this law or between any natural child of such person and the adopted juvenile is hereby prohibited. (2) Any person who acts in contravention of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a term of imprisonment of five years.

25. Visits to accepted person by Social Welfare officer (1) It shall be the duty of the Chief Social Welfare Officer of the State to keep himself informed from time to time of the condition and welfare of each person adopted under this law and for the purpose the Chief Social Welfare Officer of the State shall arrange for officers of his Division to do all or any of the following things, that is to say- (a) to pay periodic visit at reasonable times to each person adopted under this law until such person attains the age of eighteen years. (b) to enter any premises for the purpose of ascertaining whether there is any contravention by any person of any condition or of any provision of this law and during any visit under this section the officer conducting the visit may require the production of the adopted person or that information be given regarding the condition of such person. (2) A person who- (a) without reasonable excuse fails to comply with a requirement imposed by a Social Welfare Officer, or (b) obstructs a Social Welfare Officer in the exercise of the powers conferred by this section shall be guilty of an offence and be liable on conviction to a fine not exceeding ten thousand naira or imprisonment not exceeding six months or to both such fine and imprisonment. ADOPTION LAW. 1 2 3 4 5 6 7 8 No. Date Name of Sex of Name and Date of birth Date of Signature of of adopted adopted surname of adopted adoption of officer Entry Entry child child address and child (enter order and deputed by (enter (enter sex occupation of date of birth description of Chief name as as stated adopters (if any) court which Register to stated in in (enter name, directed by made (entry attest the adoption adoption address and the adoption to be as entry. order) order) occupation as order to be appearing on stated in entered but the adoption adoption otherwise no order) order) entry)