Legal and regulatory Framework Of surrogacy and adoption in Nigeria Olanike S. Adelakun-Odewale LL.M, BL, MLIS American University of Nigeria

Caveat! I do not take credit for the pictures used in this presentation. The pictures are retrieved from various acknowledged sources.

Overview Introduction Adoption Legal framework for adoption in Nigeria Challenges of adoption in Nigeria Surrogacy Legal framework for surrogacy in Nigeria Challenges of surrogacy in Nigeria Way forward for Nigeria Conclusion

Adoption A process by which a person, though legal means assumes parentage over a child whereby the rights and responsibilities of the child are permanently transferred from the biological parents to the adoptive parent(s). Parties involved The biological parents/person(s) in loco parentis The adoptive parents The child Recognized authorities. https://www.telegraph.co.uk/women/mother-tongue/11208986/Adoption-Why-Id-rather-adopt-than-give-birth-to-my-own-child.html

Legal Framework For Adoption In Nigeria From time immemorial, kinship care has been part of the Nigerian culture. First recognized law on adoption in Nigeria is the Adoption Law of the former Eastern Region enacted in 1965. The Adoption Edict of Lagos State followed in 1968. Presently Nigeria has domesticated the CRC by enacting the Child’s Rights Act. Automatically, it follows that the CRA governs adoption processes in Nigeria. BUT CAN WE REALLY CLAIM SO???

Background To The Application Of The CRA In Nigeria FG Exclusive list FG+SG Concurrent list SG Residual matters Child’s rights and welfare, etc.

Legal framework for adoption in Nigeria Contd. Ss. 125-162 CRA States and the FCT are required to establish adoption services. Application for adoption is to the court Eligibility to be adopted Consent of the child’s parents/guardian Abandoned, neglected, persistently abused child. Upon granting an adoption order, ‘all rights, duties, obligations and liabilities, including any other order under the personal law applicable to the parents of the child or any other person in relation to the future custody, maintenance supervision and education of the child, including al l religious rights, right to appoint a guardian and to consent or give notice of dissent to marriage, shall be extinguished’ and vested in the adopter.

Legal framework for adoption in Nigeria Contd. Eligibility to adopt A married couple/spouse of 25 years and above A single person of 35 years and above (adoption of child of same sex) In all cases, the prospective adoptive parent(s) must be found suitable of raising a child. The applicant and the child must be resident in the same state. The applicant must have been resident in the state for at least five years. The applicant(s) must be citizen(s) of Nigeria. The child has been in the care of the applicant for at least three months before the adoption order. The applicant must have informed the social welfare officer at least twelve months preceding the adoption.

Required Consent Consent of a married sole applicant Consent of any other person, apart from the parents, who is responsible for the child Namata (Uganda) https://edition.cnn.com/2017/10/13/opinions/adoption-uganda-opinion-davis/index.html

Other Contemporary Issues In Adoption Payment for adoption without the sanction of the court is an offence punishable by a fine of not more than N30,000:00 or up to three years imprisonment or both. Adoption order shall not be granted in favor of a person outside a particular state except by a license of the Minister. A contravention of this is punishable by imprisonment term of ten years without an option of fine. Adoption shall not be granted in favor of a person outside the country (foreigner). Where this is done, it is an offence punishable by fifteen years imprisonment without an option of fine. IS THIS ALWAYS THE CASE IN NIGERIA?

The case of Hope called a witch and rescued by a care worker Couple from Netherlands that adopted two kids from Ekiti in 2005. https://www.independent.co.uk/news/world/africa/nigeria-witch-boy-photo-anja-ringgren-loven-facebook-images-first- day-of-school-a7561581.html

surrogacy Surrogacy refers to a situation where a woman (carrier) is commissioned to carry a pregnancy for the commissioning parents and hands over the child to the commissioning parents after the delivery of the child. Procedure is by ART. Surrogacy could be genetic or gestational; commercial or altruistic; and domestic or international. International legal framework No specific framework to regulate surrogacy Hague Convention CRC Regional framework None ACRWC

Legal framework in Nigeria No existing law in Nigeria Operations based on Human Fertilization and Embryology Authority Guidelines on the UK. 2012 Bill to establish Nigerian Assisted Reproduction Authority National Health Act 2014 – S. 10 ‘A person shall not: (a) manipulate any genetic material, including genetic material of human gametes, zygotes or embryos; or (b) engage in any activity including nuclear transfer or embryo splitting for the purpose of the cloning of human being;(c) import or export human zygotes or embryos. A person who contravenes or fails to comply with the provision of this section commits an offence and is liable on conviction to imprisonment for a minimum of five years with no option of fine.’ National Health (Amendment) Bill 2016 Assisted Reproductive Technology (Regulation) Bill 2016

Regulatory Framework Of Surrogacy In Nigeria None Nigerian Law Reform Commission recommends: A child born by ART to a married woman is to be regarded as the natural child of the father. Where a child is born out of a surrogacy agreement, the commissioning parent(s) should formally adopt the child even where the carrier does not donate any gamete.

Challenges of surrogacy in Nigeria Socio-cultural influence Abuses Lack of regulation (Beauty Heritage Surrogacy services; blogs). http://www.nigerianeye.com/2015/09/enugu-inaugurates-committee-to-check.html http://www.pulse.ng/news/local/in-borno-police-raid-uncovers-baby-factory-id6039115.html

Way Forward & Conclusion Effective implementation of laws on trafficking and related abuses; Maximum support for the National Health (Amendment) Bill and Assisted Reproductive Technology (Regulation) Bill both of 2016.

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