Adopting a child is not an easy process. There is so much to think
about and a lot of requirements need to be met. But if this is the way
that you have chosen, then the right amount of endurance will help you
through all the obstacles.
When you adopt a child there are some important things to think
about. First and foremost, for the child's sake, the baby should have a
safe and loving life and a home to grow up in. It means that you as a
parent need a good financial standing and have no problems with either
alcohol or drugs or other psychological problems. None of the parents
may have been convicted earlier.
To start the process, contact an adoption agency near you. There are
different laws and requirements to meet, and they will help you to
fulfill them. We have included details of requirements in Nigeria below. Also, try to contact various interest associations that
are formed by parents who have adopted children. They might be able to
give advice and counsel you through some of the steps on the way.
If you have biological children from before, make sure that you are
not treating the children any different. Conflicts may arise, but be
sure that you tackle them early by showing that you treat everyone in
the family equal. Also have in mind that the adopted baby may start to ask some
questions about their background history. Be even aware that when a
child are adopted from another country, or if she or he has a different
look or race can get some questions that may seem hard to her/him and
also being teased during their grown up.
It is important to talk with the child about its history when it is
adopted; regardless of the child’s original origin. Do your homework and
read about the child’s country and get to know the background history
of the child.
If you adopt a baby from another country you should keep in mind that
the child may feel confused, cause of the new language, maybe even the
food tastes funny, and many factors may play a role. You must also
remember that, the younger a baby is when it’s adopted, the easier it
becomes for both the baby and the adoptive parents to create a bond with
each other.
REQUIREMENTS IN NIGERIA
For an adoption to take place, the
court has to grant an adoption order depending on the type of adoption taking
place. The court also has the right to
cancel an adoption process if it thinks or get reports that the adoptive
parents applied undue pressure, favour or money to influence the adoption
process. Section 2(2) states that ” an adoption order maybe made upon the
application of two spouses authorizing them jointly to adopt a juvenile, but in
no other case shall an adoption authorize more than one person to adopt a
juvenile.”
This clearly do not support single
parent adoption especially that of opposite sex because of cases of sexual
abuses except in rare circumstances where issues of blood ties can be firmly
established in such case, the court may justify making such order. The simplest form of adoption is one
by relatives or step parents, in cases like this, if one or both parents are
dead, the grand parents comes first before any member of the family in having
the court consent to take custody of the child/children. While in issues
involving step parent, the spouse of the biological parent adopt the
child/children of his/her spouse to create a closer relationship and become
their legal guardian.
Since a biological parent lives in
the household, background investigations are often waived. Adoption outside
these is often complicated because detailed investigations into the background
of the applicants will be conducted for history of child abuse, criminal
activities, medical records, social lifestyle and financial status. This is to ensure the safety,
comfort and proper well being of the child. If the applicants are cleared then
they can proceed with the adoption process.
The adoptive parents are expected to
meet and fulfil the basic rights and duties of the adopted child. And in
disbursing of wills and settlements, the adopted child must be treated as a
lawful child of the adoptive parents and the same way as the biological child
and not as a stranger. This is due to the fact that there have been cases in
the past whereby at the demise of the adoptive parent(s), the adopted child is
not allowed to share in their inheritance.
Trafficking Law in Nigeria
Though there are laws against
illegal adoption, most people are not aware of it because of lack of
information on it and because of this reason, unscrupulous people cash in on it
to make quick money and manoeuvre things to their own favour.
Section 50 of the Trafficking in
Persons (Prohibition) Law Enforcement and Administration Act, 2003 of Nigeria
defines trafficking as including: “…all acts and attempted acts involved in the
recruitment, transportation within or across Nigerian borders, purchase, sale,
transfer, receipt or harbouring of a person involving the use of deception,
coercion or debt bondage for the purpose of placing or holding the person
whether for or not involving servitude (domestic, sexual or reproductive) in
force or bonded labour, or in slavery-like conditions.”
The above definition is drawn
largely from the definition in Article 3 of the UN Protocol to Prevent,
Suppress, and Punish Trafficking in Persons especially Women and Children.
Before the enactment of the Anti-trafficking Law some provisions existed in
various legislations including: The Childs Rights Act (Cap 198)
Laws of the Federation of Nigeria which criminalises exploitative child labour
and other forms of child abuse hitherto left unpunished by the Criminal Codes.
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