ADOPTION IN NIGERIA: LAWS, PROCESSES, PROBLEM AND PROSPECTS.

According to Meinam –Webster Dictionary it defines Adoption as an act or process of adopting a child, the act or process of beginning to use something new or different. It also explain it is the act of giving official acceptance or approval to something. The Act of adopting: the state of being adopted. Adoption was first use in the 14th century. Adoption is a process whereby a person assumed the parenting for another and in so doing permantly transfers all right and responsibilities from the original parent (Pamela 2006). • WHAT IS ADOPTION? Is geared towards non-adopted children and this fact adds to the uniqueness of non-adopted children. Adoption also has a recognise day which is 17th November, it is regarded as the Adoption Day, which is part of National Adoption Month. This support brought 34 jurisdiction to National adoption day through the help of adoption professionals, child advocates, judges and attorneys, thousands of children in foster care will finalize adoption and become part of a permanent home and family. THE HISTORY OF ADOPTION DAY (NATIONAL)  2000 – National Adoption Day began with the Alliance for children’s Rights and support from the Freddie Mac Foundation and was also known of the Thomas Dave Foundation.  2001 – The Number of Jurisdictions increased to 17.  2002 – Assistance from Casey family services, children’s Action Network, the congressional coalition on Adoption institute this support brought the adoption to 34 jurisdictions and 1350 adoptions were finalized.  2003 – 3,100 adoption were finalized and 120 jurisdiction participated in the event.  2004 – 3400 adoptions finalized at 200 events in 37 states.  2005 – The largest number of coast - to- coast celebrations for National Adoption Day, more than 3, 300 children’s adoption were finalized from foster care in 227 events in 45states and district of Columbia.  2006 – More than 250 events in all fifty states including the District of Columbia and Puerto Rico more than 3300 adoption were finalized.  2007 – More than 300 events were held in all fifty states including the District of Columbia and Puerto Rico.  2008 More than 4000 children across all 50 states, found loving permanent homes.  2009 – A total of 345 Adoption Day events in 50 states, the District of Columbia and Puerto Rico with more than 4500 children adopted foster care.  2010 – A total of 4, 800 children were adopted from foster care and finalized in court in November 20 which is a National Adoption Day in 2010.  2011 – Close to 4800 children found forever families on the 13th annual National Adoption Day this included about 400 cities.  2012 – Over 4500 children were adopted about 400 cities. These were the Historical Analysis of Adoption process, which made us understand the vital role played by different groups who ensures that foster care are given to adopted children in different District and they also ensure that they worked hard to see to the betterment of the Adoption group. Now we are going to examine the Adoption in Nigeria after mentioning the History or Analysis of adoption. We shall examine adoption has a subsidy in Nigeria ,what are the purpose and fore sight towards the adopted children. ADOPTION SUBSIDY To help encourage the adoption of special needs children federal government made subsidies where congress are created through public law 96-272, the Adoption Assistance and child welfare act of 1980. DEFINING SPECIAL NEEDS A child may be deemed special needs and be eligible for an adoption subsidy based on a variety of guidelines that are unique to each state. Some of the guidelines that help determine a child’s is eligibility include: • Age of the child • Sibling group of 3 or more who are being adopted together • Medical disability • Mental disability • Emotional disability. ADOPTION IN NIGERIA BY LAWS Adoption refers to the act by which an adult formally becomes the guardian of a child and incurs their rights and responsibilities of a parent. At the conclusion of the formal process, a legal relationship results in the adoptee becoming the legal heir of the adopter and terminates any legal rights then in existence with the natural parents. While certain jurisdiction only permit one of the two types of adoptions, other jurisdictions recognize two types of adoptions. -Open and close adoption: An open adoption permits the birth mother to select her child’s adoptive parents. A close adoption meanwhile, result in the birth mother relinquishing all right over the child and allows a state administrative agency to conduct the selection process. Some jurisdictions also permit the parents in an open adoption to maintain their visitation and contact rights. Most cases in which parental rights are terminated occur because of a consensual forfeiture of those rights by parents. Generally, a parent cannot revoke a consensual forfeiture. The natural parents right to have custody of their children has been deemed a fundamental right by the supreme court see ;Dominic Onuorah Ifezue V. Livinus Mbadugha & Anr (1965) 1 All NLR 62. Although adoptions have historically fallen within the sphere of state authority. The National regulatory bodies has used its power to garner some influence over the state that has adoption laws or programme. METHODS OF ADOPTION Parents looking to adopt can choose one or two methods of an agency or through independent contact with the biological parents. Both public agencies and private agencies exist for the purpose of facilitating adoptions. Sates run the public agencies, as a state interest exist in placing parentless children with couples looking to adopt. By the time a public agency becomes involved, the natural parents have already relinquished their rights and therefore lack all control over the process. Public agencies employ a stringent test to determine the suitability of parents looking to adopt. PROCEDURE FOR ADOPTION UNDER THE LAW An individual wishing to adopt must petition the court to grant adoption, presenting evidence that they have satisfied the necessary statutory elements. After an investigation, the state adoption agency presents its report to the petitioners to the court and make a recommendation. When the statute requires their consent, due process accords the natural parents an opportunity to be heard by the court on the matter. If the court cannot find the natural parents, the court must take steps reasonably calculated to notify the parents about the termination proceeding. For situations in which the natural parent cannot or does not want to care for the child, the natural parent’s wishes for the child’s placement receive significant weight from the court. The petitioner bears the burden of proving by a preponderance of the evidence that adoption is in the child’s best interests. An adoptive parent looking to terminate the biological parents ‘natural rights’ must show the action to be in the child’s best interest by “clear and convincing evidence”. See: Code of Federal regulations:45 CFR, part 1356, & see also L11 locator for uniform matrimonial, family and health laws. ADOPTION NOTICE FOR NIGERIA Adoption and guardianship decrees from Nigeria states that lack of adoption laws, and adoptions by persons of non-Nigeria heritage, may not be allowable under Nigeria law or acceptable for purposes of U.S immigration. The department of state is aware of instances in which U.S citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws, with the exception of plateau state and Nasarrawa state. It is unclear whether any adoption or guardianship orders originating in these states can legally occur. PROCESSES FOR ADOPTION IN NIGERIA A CASE STUDY OF LAGOS STATE GOVERNMENT These are the Guidelines for Adoption and Fostering of adoption in Nigeria, the processes are: • Submission of application letters • Interview with Director social welfare /Representative on appointed date. • Payment of prescribed fees • Complete appropriate forms and obtain list of requirements • Administrative processing / screening session • Mandatory pre-counseling session on appointed date • Panel session • Post-counseling (proper parenting) on appointed date • Result • Collection of child from Registered orphanages • Legalization at the family court after 3months BASIC REQUIREMENT FOR LOCAL ADOPTION Typed application letter stating the reasons for the adoption duly signed by the adopters and addressed to:- The special adviser Office of youth and social development, The secretariat, Block 7, Alausa, Ikeja. Attached to this photocopies of:- • Birth certificate of Adopters (2 copies each) • Marriage certificate of Adopters (2copies each) • Medical certificate of fitness from a Lagos state General hospital original copies each • Proof of employment including: (i) Photocopy of identity card 2copies each (ii) To whom it may concern letter, from employer copies each (iii) Letter of employment (iv) Recent pay slips 6 months (2 copies each) (v) Statement of Account 6months (2copies each). • 4 – coloured passport photographs each • Tax clearance for the last 3 years – 2 copies each • Contact telephone number GUIDELINES FOR THE ADOPTION PROCEDURE FOR NIGERIANS LIVING ABROAD • Interview with the director, social welfare • Submission of data page of international passport. • Payment of prescribed fees • Complete appropriate forms and obtain list of requirements • Submission of relevant documents. • Administrative processing • Collection of letter of approval • Collection of child from registered orphanage • Legalization at the family court. PROCEDURE FOR LEGAL GUARDIANSHIP • Interview with prospective guardians/collection of list requirements. • Administrative charges • Submission of required documents • Administrative screening and processing • Approval from ministry • Family court ADOPTION IN NIGERIA (PROBLEMS OF ADOPTION) Modern day adoption in Nigeria was introduce concomitantly with emergence of problems associated with adoption practice are numerous not just for the adoption principles alone, but the case of child adoption, cause, implications and public perception. Child adoption is a socially sanctioned practice which has fast become an integral parcel of human social activity from antiquity through the medieval to the modern industrial capitalist period. Although before the beginning of seventeenth century, the institution of child adoption hard by existed in the very way and manners as we see it come temporarily. However, the first law establishing this socially sanctioned relationship of parents and child who are not biologically bonded had initial appearance in the code of Hammurabi draft by the Babylonians around 2285BC, which strongly provided that “if a man has taken a young child from his water to sonship and has reared him up to maturity, no one has any claim against the nursling. Similarly, adoption was also practiced in ancient Egypt, Greece, Rome and Middle East, Asia and some part in Africa like Nigeria & Ethiopia. In 2003 Unicef child’s right law, adoption is seen in Nigeria has a medium of taking care of a child who is not biological that of the adoptive parents . Through it permanently take away the rights and obligation of the biological parents (Unicef, 2003). As the adoptive parents confronts the challenges of full social recognition of their adopted child, the adopted child on their own is entrapped to the pressing issue surrounding the acceptance of comparative strangers as their new parents and the adjustment to their new parents and the adjustment to their way of physical, psychological and emotional up-bringing and care. This study is specifically focused on child adoption; A student of Ebonyi state university, Abakaliki also introduce the variation of measures to be meant with the graven challenges on her dependent children population without adequate loving and support at home. Modern day adoption in Nigeria was introduced concomitably with the emergence of industrialization and urbanization, several social analysts purported that ignorance and cultural incompatibility with the notion of child adoption constitutes the major impediments to the success and full ground gaining of the practice. In Eastern states of Nigeria comprising Ebonyi, Anambra, Enugu, Imo, Abia adoption is guided by the 1965 Eastern Nigeria adoption law. Other states have their own adoption law fashioned in consonance with the English Adoption law of 1950 and 1959 (Agowaike, 2003). In Harmony with these laws or edicts, any person deemed eligible and has rendered the legal requirement can adopt. However, Cross River state enacted its own adoption law in 1981. In the same light, there exist the 1979 adoption promulgation by Bendel state which among several things it stipulates firmed that adoption should be for those children below eighteen years and whose parents cloud not be traced after due enquiry and certified by juvenile court (suzokide, 2006). There also exist the Lagos state adoption act of 1968 designed in Harmony with the stipulation of English adoption law of 1950. Ogun and Oyo states have adoption law respectively and these laws clearly outlined who may be adopted, who can adopt and the socially sanctioned relationship between the adoptor and adoptee. It also stipulated the age brackets required to the adoptee and the prospective adopters. The Northern and middle Belt region of Nigeria have no recognition for child adoption. This is answerable to their religious belief system. The Islamic community does not recognized child of a person aside biological tie. Their fundamental criterion acquiring a child in specificity is biologically conditioned. These are some questions associated with child adoption in Nigeria. • Why do people engage in adoption? • What are the things that constitute life-long issues in adoption? • What are the implications of child adoption • What are the public perceptions about child adoption practical? After series of questions seen asked there is a specific objective that needs to know more about the problems or issue associated with child adoption in Nigeria. More so, they should also be able to identify the various typologies and causes of child adoption; with these views they should be able to assess and examine the consequences of child adoption and on both the adoptive child and the adoptive parents. The categories of persons are: • The policy maker • The Government • The General public • The student • The researcher All these groups of persons most know the problems associated with child adoption and the relating means of solving these problems. Let us examine some germane concept for a better understanding of this relating topic or issue on adoption. 1. A child: A child refers to a young person between the period of infancy and youths. (Male or female). The United Nations declaration of a child (1959) provides that a child is that person below eighteen years. Adoption: This is a conceptual scheme used to refer to the legitimate transfer parental rights from the natural or biological parents to adoptive parents, a court through an adoption order. This means that it is a legal process by which people acquires a child who is not naturally theirs and or have a biological bond. It is the legitimate transfer of parental rights from the natural or biological parents to adoptive parents after a due accomplish legal requirements.