Who Can Be Adopted from Nigeria

Source: Wikipedia.org.

In addition to U.S. immigration requirements, Nigeria has specific requirements that a child must meet in order to be eligible for adoption:

Relinquishment: Adoptions of children who are allegedly relinquished by their parent, who is still living, are subject to investigation as the U.S. Consulate has found that parents in Nigeria may relinquish their children to relatives living in the United States strictly in order to afford the children the ability to immigrate to the United States.

Abandonment: Abandonment of a child in Nigeria is often poorly documented and may require a full investigation by the U.S. Consulate to confirm the abandonment.

Age of Adoptive Child: According to Nigerian law, a child must be below the age of 16 (according to the Adoption Act of 1965) or 17 (according to the Child Rights Law) in order to be adopted. The specific law governing the adoption will depend on the jurisdiction in which the adoption takes place. Important note: U.S. law requires a child to be under the age of 16 at the time the petition is filed to qualify for a U.S. immigrant visa, unless the child is the natural sibling of another child who was adopted by the same parents while under the age of 18.

Sibling Adoptions: There are no specific guidelines regarding adopting siblings in Nigeria.

Special Needs or Medical Conditions: Adoption decrees issued in Nigeria will generally specify any special needs or address the general health of the child to be adopted. The U.S. home study should match any specifications of special needs that are observed by the Nigerian court.

Waiting Period or Foster Care: Prospective adoptive parents must have physical and temporary legal custody of the adoptive child for at least three consecutive months immediately prior to petitioning the court for an adoption decree. An applicant cannot have the child reside with another family member in lieu of living with the applicant, even if a Power of Attorney is in effect. The U.S. Consulate has seen waivers issued to parents who claimed to the court that meeting this requirement was a burden.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when it becomes possible. In such cases, the birth parent(s) have not relinquished their parental rights or consented to their child(ren)’s adoption. In Nigeria, many orphanages or organizations claiming that they arrange adoptions are for-profit enterprises which operate without licensing or oversight. The U.S. Consulate advises all prospective adoptive parents to get clear information about any orphanage or adoption agency in Nigeria before entering into an adoption process with the organization.

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