The legal framework
The Child's Rights Act 2003 is federal but takes effect only where a state has domesticated it; a majority of states have done so, with variations. Lagos State's Child's Rights Law and its adoption regulations are the most developed. The magistrate's court or high court makes the order, which confers full parentage. In states applying Islamic law, adoption in the sense of changing parentage is not recognised and guardianship applies instead. Nigeria has not acceded to the Hague Convention.
Residence requirements are the first obstacle most diaspora applicants meet. Several states, including Lagos, expect applicants to be resident, and some require a minimum period. A Nigerian family living in London or Houston that assumes it can adopt during a three-week visit will not succeed.
The absence of Hague accession is the second. A Nigerian adoption order is valid in Nigeria but has no automatic effect in the United Kingdom, the United States or Canada, all of which require their own approval before a child may enter for adoption. The correct sequence is to obtain approval in the country of residence first.
Informal fostering within the extended family is extremely widespread and is not adoption. It leaves the child without inheritance rights from the carers and without documentation, which surfaces at school enrolment, when a passport is needed, and at the death of the carer.
Same-sex couples: the Same Sex Marriage (Prohibition) Act 2013 criminalises same-sex unions and their support; no recognition and no joint adoption.
Key points
| Law | Child's Rights Act 2003 as domesticated by each state; state adoption regulations |
|---|---|
| Court | Magistrate's court or high court of the state |
| Coverage | Not all states have domesticated the Act; some apply Islamic law instead |
| Fostering period | A supervised fostering period, commonly three months, before the order |
| Hague Convention | Not a party |
| Recognition abroad | No automatic recognition; a separate procedure is needed in the country of residence |
In practice
- Apply to the state ministry of youth and social development, or its equivalent, where you are resident.
- Complete the assessment: home visit, references, medical report, police clearance and financial evidence.
- Be matched with a child from a government-approved orphanage or from the state's list.
- Complete the supervised fostering period, with visits from the social welfare officer.
- Apply to the court for the adoption order and obtain the new birth certificate from the National Population Commission.
Cost and coverage
Official fees are low, typically tens of thousands of naira, and legal fees are moderate. Costs escalate for diaspora applicants because of travel, the residence expectations of several states, and the second procedure required abroad. The process commonly takes one to three years.
Recent changes
States have tightened the registration and inspection of orphanages after repeated police operations against illegal baby trading, and several now require applicants to have resided in the state for a minimum period.
Where to go
- State ministry of youth and social development or of women affairs
- Government-approved orphanages and motherless babies' homes
- Magistrate's court or high court of the state
- National Population Commission, for the birth record
- Nigerian diplomatic missions, for diaspora applicants
Worth knowing
Baby factories — facilities where women are held to produce babies for sale — are a documented criminal phenomenon in parts of the country; only deal with orphanages approved and inspected by the state.
Frequently asked questions
Is adoption law the same across Nigeria?
No. It depends on whether the state has domesticated the Child's Rights Act and on that state's own regulations; some states apply Islamic law and recognise guardianship rather than adoption.
Can I adopt from Nigeria while living abroad?
It is difficult. Many states require residence, Nigeria is not a Hague party, and your country of residence will require its own approval before the child may enter.
How long does the process take?
Typically one to three years, including the supervised fostering period.
How do I avoid an illegal placement?
Deal only with orphanages approved and inspected by the state ministry, and never pay for a child. Baby trafficking under the guise of adoption has been prosecuted repeatedly.
Official sources and links
- Nigeria.gov.ng — official government portal