Hassles of Adoption in Nigeria
29 June 2010
| Hassles of Adoption in Nigeria By ETOKHANA ELEANOR, 06.29.2010 Most people who have lost hope of ever having children or those who have children but want to shower love and assume full parental responsibility towards other children who are mostly motherless, are faced with problems of adopting these children because of the ambiguous laws associated with adoption and the long and frustrating protocols one has to go through to adopt a child in Nigeria. Adoption is a common practice throughout the world and has been a part of history from time immemorial, which has not been fully explored and embraced in our society. Adoption is a process by which people legally assume the role of parents for a child who is not their biological child. It is being frowned upon in Nigeria because of the misconceptions associated with it and most people who adopt are secretive about it because of the stigma. According to Mr. Tunji Adelakun, a legal practitioner, “in some states like Abia, Akwa-Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo, Rivers and Lagos; the prospective adoptive parents must be at least twenty five years of age and twenty one years older than the child to be adopted. Adelakun further explained that the current Lagos State Adoption Laws of 2003, Section I agrees to “adoption of certain juveniles under the age of seventeen, who are abandoned, or whose parents and other relatives are unknown or cannot be traced after due enquiry certified by a juvenile court.” 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 fulfill 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. 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 manoveur things to their own favour. Efforts to get the Lagos State Ministry of Youths, Sports and Social Welfare, Alausa, which oversees the regulation and supervision of all supporting agencies, and is in charge of implementation of adoption laws and procedure in Lagos State as well as the Welfare Juvenile Center and Children’s Home at Alakara Mushin to throw more light on the issue was met with stone wall. Although some members of the public spoken to by THISDAY do not really have a grasp on the subject. According to Mrs. Lorentha Salihu: “Adpotion is when you shower love to a child that is not your own who is homeless and provide a home for them. But I do not know if there is a process involved to adopt.” Also, Mrs. Onyinye Hillary also corroborated the first speaker’s response saying that she has not heard anything of such. While Miss Amara Uche, said: “I know it is when you take a child home and make the child feel at home. Personally, I do not support it because you do not know if the child is a witch or if the parent is a prostitute, thief or drug addict and you will now bring problem on yourself because you want to be a good Nigerian. My sister, a child will always behave like his/her parents.” Also, Mr. Chris Osigwe who was furious over the question asked: “Is there any law in this country that is working? Is there a law on adoption in this country? How many people have been arrested for illegal adoption or adoption racketeering? My friend, I just heard that from you for the first time. What I know is that you can buy a child anywhere from orphanage homes, hospitals or even in the street as long as you have the money.” When he was asked to name one of such places, he refused and walked way. Another respondent, Mr. Lanre Aliyu said: “Am not aware of such stuff but if there is one you know how we are slow in things attributing all to protocols because of corruption in the system. And as you know, we are not patient at all.” Although there have been several cases in the media concerning illegal adoption deals in the country like that of Dr. Achichie Sunny-James Ezuma in Abia State who was running an illegal adoption process by housing mostly teenage pregnant girls and selling off their babies after delivery. Though he denied the accusation and has since sued the then Minister of Health, Babtunde Osotimehin and Medical and Dental Council of Nigeria at the Federal High Court Umuahia claiming one billion naira as damages and for portraying him in bad light. Also, the case involving the proprietress of Good Shepherd Orphanage Home in Okota, Mrs. Gift in 2005 readily comes to mind. Gift ran an illegal adoption process in which she housed pregnant girls and sell their children to those who desperately need children and are ready to part with any amount. She later settles these girls with cash ranging from twenty five to thirty thousand naira after luring them with promise of goodies to the home. Recently, the case of Mrs. Theresa Marques whose orphanage home, Ife- Oluwa Home, was closed down and her license revoked for engaging in illegal sale of babies with prices ranging from N250,000 – N500,000 depending on the urgency, has since debunked the claim saying the girls voluntarily give up their children to her after swearing an affidavit in court. Analysts contend that if the government and all those saddled with the responsibility of adoption process can educate the citizens on the right way to go in adopting a child and create a lot of awareness and incentives on it, more people will go through the right channel to adopt a child. |