Brief Country Guide – April 2016
Federal Republic of Nigeria
Introduction
In order to adopt a child from Nigeria, prospective adoptive parents (PAPs) who are
habitually resident within the UK must comply with the laws of both the UK and Nigeria.
UK Law
Under the Adoption and Children Act 2002 any person who is habitually resident in the UK
must:
•
•
Be assessed by a registered adoption agency which can be a local authority (LA) or
independent adoption agency (IAA) and approved as suitable to adopt
Receive from the Department for Education a Certificate of Eligibility confirming
that:
o They have been assessed and approved in accordance with Adoption
Agencies Regulations 2005
o If an adoption order is granted in the overseas country, subject to the
immigration requirements, the child will be allowed to enter and remain in
the UK
Eligibility for adoption in the UK
In order to adopt from an overseas country such as Nigeria, prospective adopters must:
•
•
•
Be over 21 years of age
Hold a UK passport or be settled in the UK i.e. have indefinite leave to remain or
permanent residency
Not have been found guilty of or cautioned for a prescribed offence
In addition, as prospective adoptive parents will need to make an adoption application to
the UK court, they must also be:
•
•
Domiciled (if a couple, one must be domiciled) or
Have been habitually resident in the UK for a minimum of one year prior to the
application to court being made (if a couple, both must have been habitually
resident).
Habitual residence and domicile are legal concepts whose interpretations are subject to
case law and hence it is impossible to provide a definitive checklist. Prospective adopters’
22 Union Street, Barnet, Herts. EN5 4HZ T 020 8 449 2562 E [email protected]
W www.icacentre.org.uk
Registered Charity No.1067313 VAA Registration No. SC386048
Registered as Intercountry Adoption Centre
who are not clear about their status with regard to either domicile or habitual residence,
should seek legal advice at an early stage of the intercountry adoption process.
The ‘Guide to Intercountry Adoption’ provides further information about habitual residence
and the different types of adoption into the UK including Hague Convention adoptions. See
‘Further sources of information’ at the end of this Guide.
The status of Nigeria
Nigeria is one of the Member States that has ratified the ‘African Charter on the Rights and
Welfare of the child’ that recognises the need to take appropriate measures to promote
and protect the rights and welfare of the African child. Full information is available on the
following website:
http://pages.au.int/acerwc/documents/african-charter-rights-and-welfare-child-acrwc
Since the 3rd January 2014, Nigeria is no longer a ‘designated’ country (where that
country’s adoption orders are recognised by the UK) as it is not listed in the Adoption
(Recognition of Overseas Adoptions) Order 2013.
It is possible for prospective adopters to proceed with an adoption from Nigeria as long as
the procedures of both the UK and Nigeria are adhered to and the eligibility requirements
of both countries are met.
Adoption law in Nigeria
Nigerian adoption laws are complex and vary from state to state. Prospective adoptive
parents are strongly advised to obtain more detailed information on adopting from the
State Social Welfare Department in the state concerned.
It is IAC’s understanding that Southern states tend to follow the Adoption Law of Lagos
State, with only minor cultural differences. None of the States of the northern part of the
country (which are in the majority) appear to have any formal legislation on adoption.
Prospective adopters are therefore strongly advised to seek independent advice to ensure
that they are very clear about all aspects of the adoption process within the state
concerned in Nigeria.
In some states, our current understanding is that State Law supersedes Federal Law.
Federal Law has no provision for a foreign national to adopt in Nigeria, whereas Lagos and
Southern State government laws have provisions for intercountry adoption.
The Chief Judge of Lagos State may also make Court rules for regulating the practice and
procedures of the Court in respect of adoption.
Nigerian adoption authority
The State Social Welfare Department and the Magistrate/Family Court are the adoption
authorities in Nigeria.
In those States that already have adoption legislation, the Ministry of Youth, Sports and
Social Development is the responsible Ministry.
Eligibility criteria for Nigeria
The following eligibility criteria apply for any prospective adoptive parent seeking to adopt
a child from Nigeria
© Intercountry Adoption Centre
IAL11
Page 2 of 5
Age Criteria:
This varies from state to state. In Lagos and the Southern States the following appears to
apply:
•
•
•
Prospective adopters must be 25 years or over
One prospective adoptive parent must be at least 21 years older than the child and
For married couples, at least one prospective adoptive parent must meet the age
requirement
Marital status:
Prospective adopters may be:
•
Married couples: In most States married couples are required to apply jointly. If
only one of the prospective adopters wishes to adopt and he/she is married or in a
partnership, consent must be obtained from the spouse /partner.
•
Single people: It is generally not possible for single male prospective adopters to
adopt a female child. Lagos law prohibits such adoptions other than in exceptional
circumstances, for example such as a niece. There is no corresponding provision
that prohibits the adoption of a male child by a female.
•
Unmarried couples are discouraged from adopting, although the Court has
discretion on this matter.
•
It is unclear whether the Government of Nigeria or Nigerian Law permits adoptions
by known Lesbian, Gay, Bisexual or Transgender individual or same sex couples.
There is a possibility that a proposed Bill will explicitly prohibit the adoptions by
LGBT adopters in Nigeria.
Nationality:
Non-Nigerians may not adopt in Nigeria under Nigerian Federal law. However, the state
laws in Lagos and Southern states provide for intercountry adoption by non-Nigerians and
this supersedes Federal Law in some areas.
Residency:
Before a Court decision is finalised the law requires that a parent-child relationship has
established. The length of time it takes to establish this is determined by each state. A
Guardian appointed by the Court may be required to provide a report on the parent-child
relationship prior to the making of the order.
On return to the UK
• The local authority adoption team or independent adoption agency (LA/IAA) must
be notified in writing within 14 days of the prospective adopters return to the UK and
of their intention to adopt the child under UK law
• The LA or IAA have a duty to arrange for a social worker to visit within one week of
the prospective adopter’s notification and then weekly until a review is called at one
month.
• Further visits are planned and agreed at the first review and subsequent reviews
take place at 3 months after the first review and 6 months after the second
© Intercountry Adoption Centre
IAL11
Page 3 of 5
•
•
•
•
During this period, and following successful completion of the legal process in
Nigeria, prospective adopters are recognised as the legal Guardians under Nigerian
law but do not have parental responsibility under UK law.
The child’s status on return to the UK is ‘subject of supervision under the Foreign
Element Regulations.’
Prospective adopters will be advised by their LA/IAA as to when to submit an
application to a court for a UK adoption.
Applications can usually be made to the court when child has lived with the
prospective adopters for at least 6 months (which may include the time the child
and the adopters have lived together overseas so long as this can be evidenced).
Further sources of information
British High Commission Abuja, Nigeria
19 Torrens Close
Mississippi
Maitama Abuja
Abuja
Nigeria
Nigerian High Commission - UK
Consular Section
9 Northumberland Avenue
London
WC2N 5BX
Email: [email protected]
Tel: + (44) 207 839 1244
Guidelines for Adoption and Fostering, Lagos – Nigeria
http://www.lagosstate.gov.ng/pagemenus.php?p=709&k=255
Guide to Intercountry Adoption - UK
https://www.gov.uk/government/publications/guidance-on-how-adopted-children-canbecome-british/intercountry-adoption-and-british-citizenship
UK Government website; the Department for Education
https://www.gov.uk/child-adoption/adopting-a-child-from-overseas
Re Adoption Leave – UK
https://www.gov.uk/adoption-pay-leave
UK Border and Visa information website;
https://www.gov.uk/government/publications/children-set07
For the latest travel advice
https://www.gov.uk/foreign-travel-advice/nigeria
Adoption of a child in England
© Intercountry Adoption Centre
IAL11
Page 4 of 5
If you would like to find out more about adoption in England please contact the local
authority where you reside and/or the information line of First4Adoption. This is a ‘new
dedicated information service for people interested in adopting a child in England’.
The information line is open 10am – 6pm, Monday – Friday on 0300 222 0022 to answer
all your adoption questions.
Information is also available by visiting http://www.first4adoption.org.uk
For full information regarding IAC Services
For full information regarding IAC Services
Visit IAC - The Centre for Adoption www.icacentre.org.uk
IAC - Advice Line (please see the website for up to date information re: opening hours)
General Public - Tel: 020 8447 4753.
The advice line is managed by advisors who are qualified and experienced social workers
on a rota basis.
Further information is available regarding;
•
•
•
•
•
Specialist adoption and immigration lawyers
‘Adopter Links’ – experienced adopters who have adopted a range of countries
Family Support groups
IAC’s Information Sessions
IAC’s Assessment Service, Special Country Programs and preparation groups and
post approval workshop (where applicable)
Subscribing Organisations
Please note that there is a priority number for subscribing authorities. Subscribers can
access these contact details via Grace Rogers, Administrator - Subscriber Services on 020
8449 2562
Adoption of a child in England
If you would like to find out more about adoption in England please contact the local
authority where you reside and/or the information line of First4Adoption. This is a ‘new
dedicated information service for people interested in adopting a child in England’.
The First 4 Adoption information line is open 10am – 6pm, Monday – Friday on 0300 222
0022 to answer all your adoption questions.
Information is also available by visiting http://www.first4adoption.org.uk
DISCLAIMER: Whilst IAC - The Centre for Adoption believes this information is accurate
at the time of publishing it is for the reader’s general information only. IAC cannot
guarantee that it will be found to be comprehensive or accurate in every detail. Please
seek further clarification if required.
Published April 2016 © IAC – The Centre for Adoption
© Intercountry Adoption Centre
IAL11
Page 5 of 5