UNDERSTANDING KINSHIP ADOPTION.
Mr. and Mrs. Kinekeze have both been miserable as they have lived 25years without a child to call their own. They have done all possible but no results. The pain is particularly tough for Mrs. Kinekeze as her mother-in-law keeps tormenting her with hurtful words and all manner of actions just to have a grandchild from her son Mr. Kinekeze. She wonders why her mother-in-law despite having other grandchildren, male and female will still choose to torment her.
Mrs. Kinekeze has faced a lot of pressure not just from family members but from friends and colleagues. After reading an article on Child Adoption by Success Oghosa Osaretin, a Child Rights Protectionist, she decided to explore the option of adoption. The question now is; who can she adopt? She does not want a child from the orphanage since she has a little girl who happens to be her Niece but lost the dad. The sister left the child when she was four months old and the child has been with the grandmother who struggles to care for her. Mrs. Kinekeze is now thinking of adopting her Niece since the sister is no where to be found and the father is late but she was told by a friend that she cannot adopt a niece. This left her distressed.
Adoption is the “statutory process of terminating a child’s legal rights and duties towards the natural parents and substituting similar rights and duties towards adoptive parents” (Black’s Law Dictionary)
Kinship adoption refers to the formal legal adoption process of a child by their grandparents, aunts, uncles, godparents, older siblings, extended family members, or others to whom children and parents ascribe a family relationship.
Adoption completely breaks the link between the child and parents, transferring parental rights and responsibilities to the adoptive parents. In Nigeria, kinship adoption though uncommon is encouraged for so many reasons. There are children roaming the streets as a result of the neglect or abandonment by parents sometimes resulting from poverty.
However, some people frown at kinship adoption for fear of the biological parents coming back after years of neglect to claim parental responsibilities of such child. Worthy of note on this issue is the provision of Section 128 of the Child Rights Act (2003) and Section 118 of the Child Rights Law of Lagos State which makes provision for persons who may be adopted. It states that;
The Court shall, not make an adoption order in respect of a child unless:
- The parents of the child or where there is no surviving parent, the guardian of the Child consents to the adoption; or
- The child is abandoned, neglected, or persistently abused or ill-treated, and there are compelling reasons in the interest of the child why he should be adopted.
The Child Rights Act which is a major legislation does not void kinship adoption as some persons may think for one fear or the other. What is essential is that if there are surviving parents or guardian of a child, such parents or guardian must give their consent to validate the adoption process. Where the parents are alive but abandoned, neglected or are persistently abusing or ill-treating such child, then such child may be adopted. One major reason for adoption aside inability to conceive a child, is to give a child a family. Every child deserves to be cared for no matter the circumstances surrounding the birth of such child. The law encourages adoption of children who have been neglected, abandoned and ill-treated. The law seeks the best interest of every child and this is the goal of adoption hence the long process trying to adopt a child.However, the joy and fulfilment that comes after the whole process is worthwhile.
Success Oghosa Osaretin is a Legal Practitioner and a Professional Volunteer.
Contact information:
LinkedIn: Success Oghosa Osaretin
Facebook: Success Oghos
Email: oghoslegal@gmail.com
