For this webinar, the highlights are;
- A background
- What is the legal instrument that talk about child care?
- Traditional context.
- The other related terms
- Adoption overview.
- Process of adoption.
- Court position or duties, adopter and adoptee qualifications and rap up.
Background
Children are seen to be one of the most vulnerable stage of human being hence when there are issues on protection, they are actually the most affected victims. Either in term of war, famine, unrest, fight, economic melt down etc. This is why the adult by social strata are given the responsibilities to take care of the children. Also the creation triangle saw God at the top, parent or pro-creator on the left and then the children which are product on the right. Also when you consider the law that are being made by man, the responsibilities are placed on the adult. Traditionally too, in every clan, the children are seen as the set to be taken care of specially. That is why in Yoruba, there are lot of proverb that tell the people to take care of the children. Therefore, what we are discussing tonight is an example of that safety net by God, community, family and even the law.
What is the legal instrument that talk about child care? Right from the creation of man there have been laws made. Such is the law that govern human existence, law that govern relationship, responsibilities etc. Later religious laws came to be including the law of karma etc and later the law of living together which were made by us and for us. Man to man and for man. Hence there are laws which are made for child protection. These includes, United nation convention on the rights of the child, African charter on the rights of the child and the child right act on Nigeria and the Child rights laws of some states in Nigeria, the young person’s law of the 1950’s is another. Some other countries also have various laws as well but most are offshoot of the UN conventions which countries signed to
For the traditional context, these are unwritten laws but are acceptable to all. A Gambia proverb said “Anyone who put a child down to carry a dog is also a dog made for the rope” such as the Yoruba will also say “A person gives birth to a child but the child belong to the community” Hence the law are our values, norms, tradition, belief and doctrine though they are not written. That is why when some of us were growing up, you stay with many other cousins, and other distance relations. We all sleep together, eat same food, go to the same school and have nothing different from the biological child in the house. So many adopted or should I say fostered children. The religious institutions adopt many children, infact they are the ones who send many children to school, some are in the leadership today. The Catholic and Anglican church are the prime in these. The other related terms are all found by the legal definitions though many of them are being practice by us unknowingly that we are doing these terms. let start by the first and most common one.
Wardship
A child may become the ward of a court if the court realized that the child need to be in a safe keep for a while. For instance, if the child is in the middle of a matrimonial tussle, and the state might not be conducive for the child, then the court may take the child away from the family, place the child with someone or a children home, make the parents or guardian to be responsible for the child upkeep
Many people used the word ward. Some will say my brother’s son is my ward. But in the reality today, a child has to be a ward of someone through the order of the court. For instance, in the Child right Act of 2003, Sec.97. A Court hearing a matrimonial case in which a child may be involved may direct that proper proceedings be taken in the Court at the High Court level for making the child a ward of Court. Such child is a ward of the court. This is due to litigation or an ongoing court process.
Sec. 95. — (1) Subject to the provisions of this section, the Court may make an order—
(a) requiring either parent of a ward of court to pay to the other parent; or
(b) requiring either parent or both parents of a ward of court to pay to any other person having the care and control of the ward, such weekly or other periodical sums towards the maintenance and education of the ward as the Court thinks reasonable, having regard to the means of the person or persons making the payment.
Guardianship
This is when a parent die, the living child become the guardian of the child. A living parent can appoint through the court order a person to be the guardian of the child, an appointed guardian can also apply to the court to appoint another person to be the guardian of the child at his or her death. When the existing guardian also have a presentable reason to appoint another person a guardian for the child, then the court will consider that it is not that the person is dodging his or her responsibilities.
If a guardian or parent die and the child is involved in a legal proceeding, the court can appoint someone to be the guardian of the child in the best interest of the child. 89.— (1) The Court may, for the purpose of any specified proceedings, appoint some guardian ad litem for the child concerned to safeguard the interests of the child, unless it is satisfied that it is not necessary to do so.
Fostering
This has been a long time practice of the Africa. I always say it is a good system borrowed by the western world for Africa to take care of their children. They only modernize this. Fostering is taking a child that is not one’s biological child, take all responsibilities including education, health even to hand over in marriage as custom demands
Category of child that can be fostered
• Is abandoned by this parents; or
• Is an orphan and is—
• Deserted by his relatives, or
• Voluntarily presented by his relatives for fostering, or
• Voluntarily presents himself for fostering, where no relatives of his can be found; or
• Has been abused, neglected or ill_treated by the person having care and custody of him; or
• Has a parent or guardian who does not or cannot exercise proper guidance over him; or
• Is found destitute; or
• Is found wandering, has no home or settled place of abode, is on the streets or other public place, or has no visible means of subsistence;
But take note that the fostering is by the order of the court and not the ones we just pick a child from the village and keep as house help and we say its fostering. Even the law states that anyone who exchange money in the process of fostering will go to jail for between 2 and 14 years. Hence what some people do today of child labor which is criminal and not fostering as some will call it. Classes of who can fostered: These are also like the classes of those who can adopt a child. When I get to that you will identify that.
Therefore, to foster is deeper too but we can not get into that details now.
Let me say, many people only want to adopt because of our culture of every married woman MUST have a child. We lay too much premium on that so when it is suggesting to people for fostering, they turn it down say “My own na my Own, them own na them own, land get boundary” But in reality, we are all someone child either biological of other wise. So is adoption of children. But in the past when fertility problem is not as much, people see adoption as She went to buy a child Adoption is an orphan no one want to be known with. But today, the music has changed Infertility has increased so the shame of those times are being buried is some places.
Who is qualified to adopt a child?
a) A married couple where — each of them has attained the age of twenty-five years, and there is an order authorizing them jointly to adopt a child. Please note that the applicant should not be than 25 years old and be at least 21 year above the child to be adopted.
b) A married person, if he has obtained consent of his spouse, as required under Section 135 of the Child’s rights act 2003 or
c) A single person (including a widow or a widower), if he has attained the age of thirty-five years, provided that the child to be adopted is of the same sex as the person adopting. Please note that a single male person who want to adopt can only adopt a male child while a female applicant can only adopt a female child. The Adopter and the adoptee in this case cannot be of opposite sex.
d) In all cases specified in paragraphs (a), (b) and (c) of this section, the adopter or adopters shall
e) Be persons found to be suitable to adopt the child in question by the appropriate investigating officers. This is on the recommendation of the assessor, investigator or supervisor.
Be persons found to be suitable to adopt the child in question by the appropriate investigating officers. This is on the recommendation of the assessor, investigator or supervisor.
What are the Requirements
1. Where the applicant is a married couple, their marriage certificate or a sworn declaration of
Marriage.
Letter of consent from the spouse e.g if it’s the woman that is applying on behalf of the couple though the two will be present, the man in the house will present a letter of consent. You know the name of the child will bear the man’s name in most cases. Or a woman in a polygamy marriage and want to adopt will present a letter of consent from the husband.
Where the husband or wife is dead, that makes the person a single parent and so the certificate of death may be required
2. The birth certificate or sworn declaration of age of each applicant. Therefore, in the case of a couple the two of them have to came available their birth certificates
3.Two passport photographs of each applicant;
4. Medical certificate of the fitness of the applicant from a Government hospital. Please note the Government hospital and not private hospital. Usually I suggest a tier 1 or 2 like Federal medical hospitals, teaching hospitals and general hospitals
5. Filled application form obtained from the Ministry of women Affairs and Social Development. The form may be free of charge.
6. Guarantor or referee letter. This should be from a reputable person in the society such as a community, religious or professional leader.
6. Such other documents, requirements and information as the Court may require for the purposes of the adoption. For instance, the court may require the documents such as certificate of occupancy, BEDC bill etc.
Please note as well that some states through their court could impose more requirement. And I want to tell you that the process is free by the law but at time the requirement includes some receipted payment.
Now let me show you the process
1. Filing of the application
2. Conduct investigation by an assessor, supervision officer or a designated person from the court of the authorized institution. The investigation will focus both on the adopter and the adoptee. The investigation will consider if the person or persons are capable of taking care of the child, if the house is conducive, if the person is mentally stable, if the person has enough economic strength to take care of the child while the other investigation focusing on the child will consider the health of the child and other factors in the best interest of the child.
3. Medical examination of the child. This will enable the applicant to be aware of the status of the child or be aware of any special or peculiar need the adoptee may be having
4. Interview of the applicant: The authorized institution will conduct interview for the applicant, this may include the status of the child been presented for adoption, how they intend to take care of the child, why are they adopting, do they have a biological child on ground etc.
5. At times if it’s a toddler or older, the institution may do a temporary placement of the child in with the applicant for a period of time to both determine if they will be able to live together and an assessor will investigate their living together and give a recommendation to the court or through the designated institution which is the Ministry of Women Affairs.
6. The documentation and recommendation will be presented to the court and today the family court who will rule on the adoption. The court is empowered to give an order on the adoption, this is known as adoption order.
7. The papers will therefore be presented to the Honorable Commissioner of women Affairs with a recommendation by the assigned department and in most cases the department of Social welfare.
8. The Commissioner will after what approve and sign the adoption paper of certificate. This transfer the parental responsibility and “ownership” of the child to the applicant who now become the parent.
Classes of child that can be adopted.
Please pay close attention to this. It is vital if you are planning to adopt:
• A child who has lost a parent who the existing parent do not want the child or gives consent for the adoption of the child.
• A child who has lost both parents and the guardian give consent for the adoption of the child.
• A child who is abandoned, neglected or persistently abused or ill-treated, and there is compelling reasons in the interest of the child why he should be adopted. The court may give an order on this.
I always use this analogy “A needle that does not have a thread attached to it is free to be offered” This means a child who does not have anyone who is or want to take responsibility or affinity or attachment or acceptance is the one that can be adopted except when it is in the best interest of the child that the court can give an order. Therefore, it is in the applicant interest to ask questions or do a deep finding on the child before proceeding with adoption to avoid implication, litigation and most critical “heart breaking” experiences.
Note there have been cases that a child has been adopted out and 9 years after a family member raised the dust requesting for the child and that made the child to be withdrawn by the court from the “parent” after nine years.
Conditions for adoption
These are the condition an adopter have to fulfill before you can adopt a child
• The applicant or one of the joint applicant must be residence in the state where the child will be adopted for at least five years
• The applicant must be 25 years above
• The applicants are citizens of Nigeria
• The child has been in the custody of the child for at least 3 months before the order is made by the court, this is to ensure that both the adopter and the adoptee can flow together and live as parent and child.
• The applicant would have informed the designated ministry for a period of 12 months.
• The court will refuse the application for adoption if there is a person who can be linked to the child or who serves as the caregiver. The order can only be given if the person gives an unconditional or conditional (in term of religion upbringing of the child) in writing to the court.
The adoption symbol is a triangle intertwined with a heart and is a symbol for both domestic and international adoptions. The birth family, the adoptive family and adoptee each represent one side of the triangle and the heart intertwining each side of the triangle represents the love that is involved in.
Finally;
The Ministry of women affairs through the social development department will present the application to the court and make recommendation. The court has to give a “order” for the adoption to be completed. Please bear it in mind that if it is cross state or cross national adoption, the court document played a very strong role in the process.
If the court is given an interim order, the court can give an order that the supervisor should supervise the adopter/adoptee relationship though visiting, conduct KII etc for a period of two year or even more. The court can also place a restriction order that the child/adoptee shall not be taken out of the state for a period of years without the notifying and receiving the approval of the court.
The court played a big role in this, no adoption without the court.
In conclusion, any orphanages or children home doing adoption without the court and the Commissioner signing the adoption certificate or paper is doing an illegal act which is criminal and may earn the person up to 14 years in jail. If you want to adopt please go through the right process. So that you will not have your joy cut short at the prime.
Thanks very much for your time. We shall talk about other aspect at another time.
Facilitated by Mr. Adaramola Emmanuel, the Founder and Executive Director of Emmanuel World Children.
