Legality and Acceptability of Child Adoption in Relation to Childlessness among Christian Couples in Nigeria: A Case Study of Warri Diocese of Anglican Communion in Delta State
Keywords:
Child adoption, childlessness, Christian couples, infertility, Warri Diocese of Anglican Communion, adoption lawAbstract
This study examines the legality and acceptability of child adoption in relation to childlessness among Christian couples in Nigeria using Warri Diocese of Anglican Communion in Delta State as a case study. This study becomes imperative considering the various attempts Christian couples with the challenge of childlessness have made to cushion the traumatic effect they go through to have their biological children. It uses both the quantitative and qualitative approaches to obtain data. The population comprises all childless Christian couples in Warri Diocese of Anglican Communion. A sample of one hundred and twenty respondents is purposively selected for the study. The instruments used for data collection are structured questionnaire and interview schedule. Out of the 120 copies of questionnaire administered on the respondents, only 100 copies were successfully retrieved and used for the study. The data are presented in tables and analysed using simple percentage and frequency counts. Although the idea of child adoption is considered oblivious by some, this study enthrones the legality and acceptability of the concept on a prominence making it a viable option for Christian couples with the challenge of childlessness.
References
Ufeli E. (2015). Important Facts about Child Adoption in Nigeria: Part 1. Available online at: https://connectnigeria.com/articles/2015/08/important-facts-about-child-adoption-innigeria-part-1/
See Art. 20 (1) & (2). Other alternative child-care devices include fostering, kafalah (both recognized by Art. 20(3) of the Convention), guardianship and custodianship. 3 E. I. Nwogugu , Family Law in Nigeria, (Ibadan: Heinemann, 1990), p.312.
The Children and Young Persons Act was initially enacted as an Ordinance in 1943. It has been subsequently amended through several legislation (i.e. Ordinances 44 of 1945; 27 of 1947; 16 of 1950 as well as the Laws of Nigeria 131 of 1954; 47 of 1955.) and Order in Council 22 of 1946). Intended as a national law (Cap 32 laws of the Federation of Nigeria and Lagos 1958), provisions were made for their adoption as Regional laws and subsequently as state laws.
Herein after referred to as “Adoption Law Eastern States” which was inherited by all the States that were later created out of Eastern Region namely: Abia, Akwa-Ibom, Anambra, Cross-River, Ebonyi, Enugu and Rivers State.
Nigeria Weekly Law Report 2002) 12 NWLR, pt 782 p. 652.
These State have been further broken down into Anambra, Enugu, Imo, Abia, Rivers and Bayelsa States
See the Holy Koran, Sura Ahzab XXXIIII vs. 4-5. Cf. the Holy Bible, Genesis 15 vs. 3-4. Islam has developed its own concept known as kafalah under which a child who cannot be cared for by his biological parents may be taken by another family to live with them permanently but the child is not entitled to adopt the family name nor to inherit from the family
Especially the Northern part of the country who in my opinioin have more reason for adoption due to uncontrollable birth rate.
Kigbu, Salome Konkat , Child Adoption: Nature and Procedure under Nigerian Law. University of Jos: Faculty of Law, Vol. 2.
Kigbu, Salome Konkat , Child Adoption: Nature and Procedure under Nigerian Law. University of Jos: Faculty of Law, Vol. 2
Ufeli E. (2015). Important Facts about Child Adoption in Nigeria: Part 1. Available online at: https://connectnigeria.com/articles/2015/08/important-facts-about-child-adoption-innigeria-part-1/
Ibid
Section 129 (d) Child’s Right Act, 2003.
Section 3 (2) Adoption Law Lagos State; s 4 (2) Adoption Law Eastern States
Adoption of Children under the Child’s Right Act, P. 10
Adoption of Children under the Child’s Right, Act P. 9
Section 131 (1)(b) and (c) Child’s Right Act, 2003
http://adopt.com/nigeria/index.html
Section 131 (1)(b) and (c) Child’s Right Act, 2003 p13
Brokelmann V Barr. (1971) 2 Q.B 602, 611-612; Re-Adoption Application No. 52 of 1951 (1952) ch. 16. contrast. Matalon V Matalon (1952) 1 ALL ER 1025 P. 233.
Principles of Family Law P. 890
Section 7 Lagos Edict
Section 131 (1) (d). Child’s Right Act 2003.
dailytimes.com .ng/article/Delta- state- releases -35–children-adoption accessed 4-6-12
Act 151Section 125 (1) of Child’s Right Act, 2003, CAP C50 Law of Federation of Nigeria 2003
https://www.childwelfare.gov/systemwide/laws_policies/statutes/inheritance.cfm
http://family.jrank.org/pages/40/Adoption-History-Purpose.html
www.childwelfare.gov Impact of Adoption on Adoptive Parents
R. Clayton, The Family, Marriage and Social change. (Toronto: Heath and Co., 1978). Available online at http://www.allforchildren.org/domestic.html. Accessed 11/10/11
D. I. Denga, pp799-802
F. Raynal, “Fostering and sponsorship, support while growing up,” Quarterly Magazine of the Ministry of Foreign Affairs (October 2002), pp 26- 27.
D. I. Denga, “Marital adjustment and value orientations of selected Nigerian couples. The Counsellor, Vol. 6(2), (1986) pp 1-6.
Laura Hamilton, “Adoptive Parents, Evaluating the Importance of Biological Ties for Parental Investment” American Sociological Review. (pdf). American Sociological Review. American Sociological Review. Archived from the original on February 21, 2007 http://
web.archive.org/web/20070221194844/http://www.asanet.org/galleries/default-file/ Feb07ASRAdoption.pdf. accessed 11/10/11
K. Gibson, “Differential parental investment in families with both adopted and genetic children,” Evolution and Human Behavior, (2009). http://web.archive.org/web/ 20070221194844/http://www.asanet.org/galleries/default-file/Feb07ASRAdoption.pdf.
Accessed 11/10/11
Effects of child adoption http://www.livestrong.com/article/96410-
Bryan Post http://www.livestrong.com/article/96410-effects-adoption-child
Manali Oak The effects of adoption. www.buzzle.com
Administration for children and families. www.childwelfare.gov
Statistics on the Effects of Adoption www.adoptionhealing .com
www.childwelfare.gov Impact of Adoption on Adoptive Parents
Manali Oak The effects of adoption www.buzzle.com
Adamec, C., and W. Pierce The Encyclopedia of Adoption, 2nd ed. New York: Facts on File, 2000
Andrew Adesman et al (eds.), Parenting Your Adopted Child: A Positive Approach to Building a Strong Family. (Benicia, CA: Bay City Books, 2004).
Lyons-Ruth K. and D. Jacobvitz, “Attachment disorganization: unresolved loss, relational violence and lapses in behavioral and attentional strategies”. In J. Cassidy and P. Shaver (eds.), Handbook of Attachment. (New York: Guilford Press, 1999) pp. 520-554
V. Carlson, “Finding order in disorganization: Lessons from research on maltreated infants’ attachments to their caregivers,” In D. Cicchetti and V. Carlson (Eds), Child Maltreatment: Theory and research on the causes and consequences of child abuse and neglect (New York: Cambridge University Press, 1995) pp. 135-157.
E. A. Carlson, “A prospective longitudinal study of disorganized/disoriented attachment,” Child Development, Vol. 69, (1988) pp 1107-1128
K. Lyons-Ruth, “Attachment relationships among children with aggressive behavior problems: The role of disorganized early attachment patterns,” Journal of Consulting and Clinical Psychology Vol. 64, (1996) pp 64-73
