Nigerian law does not require male approval for women to adopt children

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Claim

On February 15, 2021, Pamela Adie made a tweet on X (formerly called Twitter). She said that she just learned that in Nigeria, a woman cannot adopt a child without the approval or “guarantee” of a male relative who shares her surname. This is Nigeria in 2021, yet feminism is still wrongly labelled as anti-women. “I was today old when I discovered that in Nigeria, women cannot adopt a child without the ‘guarantee’/approval of a male person with the same surname as the woman. This is 2021 Nigeria. Later, they will say feminism is anti-women.” 

Her post implied that Nigerian law restricts women’s autonomy unless endorsed by a male family member, which she stands against. 

This Twitter post, as of 2025, had generated 2,297 Retweets, 68 comments and 3,838 likes. 

Women in Nigeria do not need a male relative’s approval to adopt a child. 

NFM Checks

Adoption is the legal process of permanently establishing a parent-child relationship, transferring all rights from biological parents to adoptive parents, and creating a new, legally recognised family.

Adoption provides a child whose biological family cannot raise with a stable, permanent, and loving home. Through adoption, all parental rights and responsibilities are legally transferred to the adoptive parents, the child takes on the family surname, receives an adoption certificate in place of a birth certificate, and becomes a permanent, full member of the new family.

In Nigeria, adoption may be carried out under either statutory or customary law, with regulations varying from one state to another. Adoption can be open, where the biological and adoptive families have direct contact, or closed, where there is no knowledge of or interaction between both families.

The earliest adoption legislation in Nigeria was enacted in 1965 in the former Eastern Nigeria, known as the Eastern Nigeria Adoption Law of 1965, which is still applicable in states such as Anambra, Imo, Ebonyi, Abia, Rivers, and Bayelsa. Lagos State introduced its own adoption law in 1968, and while several other states have since enacted similar laws, some have yet to do so. Notably, no state in Northern Nigeria currently has specific legislation governing adoption.

The Child’s Rights Act of 2003, passed by the National Assembly, outlines the rights and duties of children in Nigeria and establishes a framework for child justice administration, as well as provisions for the care, protection, and supervision of children.

However, since issues relating to children’s rights and welfare fall under the legislative authority of the states according to the 1999 Constitution of the Federal Republic of Nigeria, the Act is directly applicable only within the Federal Capital Territory (FCT), Abuja.

It is misleading that Nigerian law requires male approval for a woman to adopt a child. The primary legislation, the Child Rights Act 2003, allows both married and single women to adopt, provided they meet specific criteria, with the only consent requirement for a married person being that of their spouse. 

Expert Legal Opinion 

NFM obtained input from lawyer Olachi Adenyuma, who states that under Nigeria’s Child Rights Act, any eligible person can apply to adopt a child, but must follow specific legal conditions. 

She educates that a married woman applying in her name must obtain written consent from her husband; it is a spousal consent requirement and applies equally to married men, not to male relatives. Also, a single woman is legally permitted to adopt if she is 35 years or older, and the child must be of the same sex, a provision intended as a child-protection measure. 

Furthermore, married couples can apply for adoption jointly, in which case both parties are assessed for suitability. However, for both married and unmarried individuals, they must be deemed suitable to adopt the child in question by the relevant assessing officers.

She clarifies that the law does not require approval from a male relative with the same surname, and claims that suggesting otherwise misinterprets the legal framework.

Who can be adopted?

In general, children who require adoption are those who have been abandoned, neglected, or subjected to persistent abuse or ill-treatment. Some of these children are born to parents who are unable to care for them, including mothers affected by substance abuse or other serious challenges.

Typically, only a child under the age of eighteen who is unmarried may be adopted. Nigerian adoption laws provide for the adoption of juveniles, although the definition of a juvenile is not uniform across states. In some states, such as Edo and Delta, a juvenile is defined as a person aged eighteen or below, while in others, including Lagos, Anambra, Imo, and Ogun, a juvenile is regarded as someone under the age of seventeen.

Under the Child Rights Act, a court may grant an adoption order only where the child has no surviving parent, where the child’s guardian has given consent, or where the child has been abandoned, neglected, or persistently abused or ill-treated, and there are compelling reasons showing that adoption is in the best interest of the child.

The Nigerian Child rights says to adopt a child in Nigeria, applicants are generally required to provide proof of age (a birth certificate or sworn declaration), a marriage certificate or sworn declaration of marriage if applying as a couple, and written spousal consent where applicable. They must submit passport photographs, a medical fitness certificate from a government hospital, proof of Nigerian citizenship, and evidence of financial capacity to care for the child.

The misrepresented claim taps into broader cultural assumptions about gender roles in Nigeria, such as the idea that women must always be supervised or validated by male family members, a notion that has no basis in law, and it perpetuates discrimination.

Social Media Users React

This post generated users’ concern in agreement to the post, as many expressed their experiences 

“I had this and other probs trying to adopt a 7-yr old in Niger State many years ago. People tried for me but the law was not on our side. The child never got another carer and deteriorated psychologically in the state institution he was forced to stay in. Who did that law serve?” Asiya Rodrigo shared her experience.

“A woman cannot adopt, a woman cannot make bail, travelling alone is wahala & they will say it’s not a patriarchal system” TolaniTosyn commented!

Second Expert Opinion 

Furthermore, NFM consulted Bisola Adeyemi, a certified family counsellor and child welfare advocate. She says, It is not true that women in Nigeria cannot adopt a child without the approval of a male relative. 

“Adoption laws in Nigeria are clear, and the decisions around adoption are based on the best interest of the child, not on male authority or gender validation.”

Where consent is required, it is spousal consent for married applicants, not approval from a male relative. Single women are legally allowed to adopt under the conditions provided by law. The focus of adoption assessments is on the applicant, not the man. 

She also warns that misinformation discourages women from adopting and limits opportunities for vulnerable children, stressing that adoption should empower responsible adults rather than reinforce outdated patriarchal beliefs.

Conclusion 

The narrative that Nigerian women need the approval of a male relative before adopting a child is false and misogynistic. The authentic legal requirements for adoption focus on suitability, marital consent where applicable, and child welfare, not gendered approval from a male family member. 

Naija Feminists Media is committed to fighting gendered disinformation and misinformation that concerns women.