Adoption Consent Form (Nigeria)

An Adoption Consent Form in Nigeria grants documented consent to the action it describes, on the conditions it states.

Adoption law in Nigeria is primarily governed at the state level, as the Child's Rights Act 2003 — enacted by the National Assembly — has been adopted as domestic law by most (but not all) Nigerian states, with each state passing its own Child Rights Law. States that have adopted the Act include Lagos, Abuja (FCT), Rivers State, Anambra, Edo, and others. States that have not fully domesticated the Act may have older child welfare laws that pre-date the 2003 Act. The applicable law depends on the state in which the adoption is being processed.

The Child's Rights Act 2003 establishes the paramountcy of the child's welfare as the overriding principle in all adoption proceedings under Section 1: the court must regard the welfare of the child as the paramount consideration when deciding whether to make an adoption order. The best interests of the child — not the wishes of the birth parents or the adoptive parents — governs every stage of the process, including the assessment of whether consent has been properly given.

The consent form is witnessed before a Judge, Magistrate, or designated officer of the High Court Family Division and is filed with the court as part of the adoption application. The consent may not be given until the child is at least six weeks old, confirming the birth mother has had a period of post-partum recovery and reflection before making a permanent decision.

The Nigerian court system processes adoption applications through the High Court of the relevant state. The Federal High Court does not have jurisdiction over domestic adoption proceedings. The High Court exercises supervisory jurisdiction throughout the adoption process and retains the power to dispense with consent in limited circumstances defined by the Child's Rights Act 2003, such as where the parent has abandoned or neglected the child. The legal framework governing the Adoption Consent Form (Nigeria) is the Child's Rights Act 2003 (domesticated as the Child Rights Law in most states), together with the Guardianship of Infants Act and, for the children of a statutory marriage, the Matrimonial Causes Act 1970, all applied by the Family Court or the High Court with the welfare of the child as the paramount consideration. The Nigeria Data Protection Act 2023, supervised by the Nigeria Data Protection Commission (NDPC), governs personal data recorded in the document.

An Adoption Consent Form is needed in Nigeria whenever a birth parent or legal guardian is relinquishing a child for adoption and the High Court will be asked to make an adoption order.

When a birth mother in Lagos is unable to care for her newborn child and has agreed that the child should be adopted, she must complete a formal Adoption Consent Form no earlier than six weeks after the child's birth. The form is presented before a Judge or Magistrate who confirms the consent is voluntary, informed, and executed in accordance with the Lagos State Child Rights Law 2007.

When both birth parents of a child in Abuja (FCT) agree to relinquish the child for adoption by a married couple known to the family, both parents must execute separate Adoption Consent Forms. If the birth parents are unmarried, the father must have parental responsibility under Nigerian law before his consent is legally required — the High Court may seek legal advice on paternity and parental responsibility in disputed cases.

When a children's home or government orphanage in Rivers State has care of a child whose birth parents cannot be located, the home or the state Ministry of Women Affairs Social Development Department acts as the child's guardian and executes the consent form on the child's behalf.

When prospective adopters who met the child through family or community connections apply to the High Court for an adoption order, the birth parents' signed Adoption Consent Forms are filed with the court along with the home study report, the court welfare officer's report, and the prospective adopters' application.

The Adoption Consent Form is also required in step-parent adoption cases — where a step-parent is seeking to legally adopt their spouse's child from a previous relationship — and the birth parent (the non-resident parent) must consent to the adoption, or the court must dispense with that consent. Parties in Nigeria should prepare an Adoption Consent Form (Nigeria) before a dispute arises, since the court interprets the document by its written terms rather than oral recollection. Every decision affecting the child is governed by the best-interests-of-the-child principle in section 1 of the Child's Rights Act 2003.

A Nigeria Adoption Consent Form must contain the following essential elements to be valid and acceptable to the High Court Family Division.

Identification of the consenting party: The full legal name, date of birth, address, and relationship to the child (birth mother, birth father, or legal guardian) of the person giving consent. A copy of valid government-issued identification (National Identity Card, international passport, or voter's card) should be attached.

Identification of the child: The child's full name, date of birth, place of birth, and birth registration number (from the National Population Commission birth certificate). The child must be at least six weeks old at the date of consent.

Details of proposed adopters: The full names and addresses of the prospective adopters to whom consent is being given, if known. The consent form should specify whether consent is given to adoption by named prospective adopters or is a general consent to adoption by any approved prospective adopters.

Declaration of understanding: A signed declaration by the consenting party that they understand that an adoption order will permanently extinguish all their parental rights and duties with respect to the child under the Child's Rights Act 2003; that they will no longer be legally recognised as the child's parent after the adoption order is made; that the child will take the adoptive parents' surname; and that the adoption order is irrevocable once made by the High Court, except by further court order.

Declaration of voluntariness: A signed declaration that the consent is given freely and voluntarily, without any payment, inducement, duress, or undue influence, and that the consenting party has had the opportunity to obtain independent legal advice before signing.

Consent of the birth mother (mandatory): The birth mother's consent is always required. Her signature must be witnessed by a Judge, Magistrate, or authorised court officer.

Consent of the birth father (where applicable): The birth father's consent is required where he has parental responsibility for the child under Nigerian law. For unmarried fathers, parental responsibility may depend on formal acknowledgement and registration.

Witnessing by court authority: The signature and seal of the Judge, Magistrate, or designated court officer before whom the consent was executed, confirming the identity of the consenting party, the absence of duress, and the party's apparent understanding of the consequences of the consent.

Date and place of execution: The exact date (DD/MM/YYYY) and location where the form was executed, confirming it was signed at least six weeks after the child's birth. Parties should confirm that the Adoption Consent Form (Nigeria) satisfies the Child's Rights Act 2003 and the rules of the relevant Family Court or High Court before execution. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.