STATUS OF AN ADOPTIVE PARENT(S))

An herbalist Alhaji Azeez Olatunji buried an ex- custom officer Mrs. Angela Karry a 64- years old woman and her 10years adopted child Obi-aguluman  alive in a well dug in a room in the suspect house, the herbalist confessed he had to kill the victims when the ex-custom officer requested for the refund of N10,000,000 (Ten Million Naira Only)
she paid the herbalist in a quest to help her so that she can have her own child since she doesn’t have her own biological child as Obi Agulumen is an adopted child.

The rate at which people commit crime for money is so alarming, I pray that none of us will ever be a victim of circumstance; for the purpose of this discussion I will discuss the status of an adoptive parent, so that those looking unto the lord for a child will know the right they have over an adopted child because I believe if the 64 years old woman had the knowledge maybe she won’t have fallen victim.

What is an Adoption?

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person’s biological or legal parents..

Who can be adopted? Lagos State Adoption Law as a case study

Section 1 of the Adoption Laws of Lagos state provides that any child above the age of one year may voluntarily be given out for adoption for adoption by his parents.

The above cited section of the Adoption Law is to discourage those parents who are in the habit of dumping innocent children by the road side by abandoning them indiscriminately.

Section 2 states that the court upon the application of any person in a prescribed manner makes an adoption order, authorizing such a person to adopt a juvenile.

Section 3 makes it an offence for anyone to unilaterally pick up an abandoned child and proceed to retain such child in their care without first recourse to the police or department of social development.

The law recognizes the rights spousal parties in a marriage to apply for adoption, however put a proviso to it by insisting that the before such order can be granted, the consent of the other party must be obtained. The same law forbids the adoption of a female child by a man because of the rampant exploitation of under aged girls except in exceptional circumstance like biological and filial ties, for instance a brother can adopt the daughter of his sister.

Age of adopting parents?

The general rule is that it is only an adult that can adopt a child, any one below the age of 21years cannot adopt a child, and also at least either of the prospective parents must be age 25 years at the time of adoption.

Status of an adopted child

 The legal effect of an adoption order under the Lagos State Law is to vest all rights ,duties, liabilities and obligation, including any such rights and duties existing under the customary law in the newly adopted parent(s), this includes the duty of maintenance, education and welfare of the child by the adopted parent, in case of devolution of property and construction of settlement and wills the adopted child will be treated as the lawful child of the adopter and not the child of any other person.

Role of government in Adoption

The law provides the for the monitoring of the adopted child whilst in care of the adopting parents by allowing the welfare officers to pay visits to the adopted child and ascertain the condition of the adopted child.

Status of an Adoptive parent(s)

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person’s biological or legal parents.And in so doing permanently transfers all rights and responsibilities, along with filiations, from the biological parents. Adoption is a process of permanently changing the status that is why it requires legal sanctions. Therefore, once you have fulfilled all the requirement of the law for adoption and you have successfully adopted a child, the child becomes yours as if he/she was your biological child.

Thank you.

OYENIKE ALLIYU-ADEBIYI LLB (hons) BL