OFFENCE OF ADOPTION: LAW AND POLICY IN THE NIGERIA LEGAL SYSTEM

ABSTRACT

The essence of this work is borne out of the need to take critical look and an appraisal of the offence of Adoption under the Nigeria Legal System. In the course of this Study, an analysis shall be made as to it’s Law and Policy in the Nigeria Legal System. Chapter one of this work will give the basic introduction to this work, the background of the study, the object of this work, i.e. offence of adoption will be examined. Chapter two, will look deeply into the concept of Adoption in Nigeria vis-à-vis, the history of Adoption legislation in Nigeria, the adoption provision of the Child’s Right Act 2003, the procedure for the making of an Adoption Order, children who may be adopted, person’s who may adopt, consent required for adoption and finally the inter-country adoption system. Chapter three of this work, thus will look at the law and policy of adoption in Nigeria and the welfare of an adopted child.

The global interest on the welfare of children in relation to their rights, duties, maintenance and status on the society, will be strictly considered as the place of children in many societies, cannot be undermined being the future of any society. Chapter four of this work, will look into the offense of Adoption under the Nigeria legal system and the legal effect of Adoption under the Nigeria legal system equally. Chapter five, will give a general conclusion and recommendations. Thus, this work is intended primarily to make adoption process to be legalized in order to give adequate attention to the welfare of innocent children, not only this but also to explain the current tread and orders in adoption proceedings. In the green days of childhood, the young begins their irreversible march into the future with the resolution and sweet calmness of innocence, the march of childhood goes on as the human race endures. To this end, the writer of this study, though it wise to give credence to the burning issue surrounding the welfare of Adopted children, the effect of Adoption on the adopted child and upon the adopting parent, the offence of adoption, and also to expose the inadequaties in our Law, proffering necessary proposals for reform which the government and indeed the Law Reform Commission may consider to take care of the present peculiarities as regards the welfare of adopted children, thereby laying a sure foundation for Nigeria tomorrow.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CASES

TABLE OF STATUTES

LISTS OF ABBREVIATION

CHAPTER 1:  

GENERAL INTRODUCTION

1.1   INTRODUCTION

1.2   BACKGROUND TO THE STUDY

1.3   OBJECTIVE OF STUDY

1.4   FOCUS OF STUDY

1.5   SCOPE OF STUDY

1.6   METHODOLOGY

1.7   LITERATURE REVIEW

1.8   DEFINITION OF TERMS

1.9   CONCLUSION

CHAPTER 2:   

THE CONCEPT OF ADOPTION IN NIGERIA

INTRODUCTION

HISTORY OF ADOPTION LAW IN NIGERIA

ADOPTION PROVISIONS OF THE CHILD’S RIGHT ACT 2003

PROCEDURE FOR THE MAKING OF ADOPTION ORDER

CHILDREN WHO MAY BE ADOPTED

PERSON WHO MAY ADOPT

RESIDENCE AND NATIONALITY FOR ADOPTION

CONSENT REQUIRED FOR ADOPTION

INTER-COUNTRY ADOPTION SYSTEM

CONCLUSION

CHAPTER 3:        

LAW AND POLICY OF ADOPTION IN NIGERIA

INTRODUCTION

LAW AND POLICY OF ADOPTION IN NIGERIA

LEGAL CONTROLS AND ADOPTION PRACTICES

JURISDICTION OF COURT

FUNCTION OF THE COURT

WELFARE OF AN ADOPTED CHILD

CONCLUSION

CHAPTER 4:      

THE OFFENCE OF ADOPTION UNDER THE NIGERIA LEGAL SYSTEM

INTRODUCTION

OFFENCE OF ADOPTION

PROHIBITION OF MARRIAGE BETWEEN AN ADOPTER AND THE ADOPTED JUVENILE

PROHIBITION OF CERTAIN PAYMENTS

RESTRICTION OF SENDING JUVENILE AWAY FOR ADOPTION.

VISIT TO ADOPTED CHILD BY CHILD DEVELOPMENT OFFICER’S

LEGAL EFFECT OF ADOPTION UNDER THE NIGERIA LEGAL SYSTEM

RIGHTS AND DUTIES OF PARENT AND ADOPTER OF A JUVENILE

CONCLUSION

CHAPTER 5:    

CONCLUSION

RECOMMENDATION

BIBLIOGRAPHY

ARTICLE ON INTERNET

BOOKS

PRESENTATION OF PAPERS