ADOPTION BY NECESSARY IMPLICATION

Adoption by necessary implication is a legal process in Nigeria where a person adopts a child who is in their care and has been abandoned by their biological parents. The court may grant the adoption if it finds that it is in the best interest of the child and that the biological parents have abandoned the child or are unable to care for them. This type of adoption is often used in situations where the child has been living with the prospective adoptive parent for a significant period of time and the biological parents have failed to resume their parental responsibilities.

Adoption by necessary implication in Nigeria is governed by the Child Rights Act, which outlines the procedures for adoption in Nigeria. The act requires that the prospective adoptive parent must be at least 21 years old, of good character, and financially stable. The court will also consider the child’s best interests, including their physical and emotional well-being, before granting the adoption.

Once the adoption is granted, the child is considered to be the legal child of the adoptive parent and has the same rights and responsibilities as a biological child. The adoptive parent has the responsibility of providing for the child’s physical, emotional, and educational needs. The adoption is permanent and cannot be undone unless it is proven that the adoption was obtained through fraud or coercion.

In Nigeria, adoption is a complex process that requires the assistance of a qualified legal professional. It is important to ensure that all the legal requirements are met and that the adoption is in the best interest of the child before proceeding.

Adoption by necessary implication is a type of adoption that is recognized by law in Nigeria and is often used in cases where a child has been abandoned by their biological parents or where the biological parents are unable to care for the child. It is important to note that this type of adoption can only be granted by a court of competent jurisdiction, and that the prospective adoptive parent must be able to demonstrate that they have been caring for the child for a significant period of time and that it is in the child’s best interest for the adoption to proceed.

In order for the adoption by necessary implication to be granted, the prospective adoptive parent must show that they have been providing for the child’s physical, emotional, and financial needs and that they are willing and able to continue doing so. The court will also take into account any other factors that may impact the child’s well-being, such as the child’s age, gender, and relationship with the prospective adoptive parent.

It is important to understand that adoption by necessary implication is a legal process that can have significant consequences for both the child and the adoptive parent. Therefore, it is recommended that anyone considering this type of adoption seeks the advice of a qualified legal professional to ensure that they understand all of their rights and responsibilities and that they are able to proceed with the adoption in a manner that is in the best interest of the child.

ELEMENTS THAT AMOUNT TO ADOPTION BY NECESSARY IMPLICATION

The following are element that amount to adoption by necessary implication;

Holding out: When a person holds on a child as their own and represent the child as their own to others, this can be considered as adoption by necessary implication.

Raising the child: when a person raise a child, provides the child’s need and take care of the child.

Consent of Biologically parent: if the biological parent gives a person consent to hold a child as their own, it amount to adoption by necessary implication.

BENEFITS OF ADOPTION BY NECESSARY IMPLICATION.

Adoption by necessary implication can provide several benefits for the child and the adoptive parent, including:

Legal recognition: Adoption by necessary implication provides the child with a legal relationship with the adoptive parent, which gives the child the same rights and responsibilities as a biological child.

Stability: The adoption provides the child with a stable and permanent home environment, which can improve their physical, emotional, and psychological well-being.

Access to resources: The adoptive parent is responsible for providing the child with food, shelter, education, and other basic needs, which can improve the child’s standard of living.

Emotional security: Adoption by necessary implication can provide the child with a sense of security and belonging, as they are no longer considered an orphan and have a permanent family.

Inheritance rights: The child is entitled to inherit from the adoptive parent, which can provide them with financial stability and security in the future.

Legal protection: The adoption provides the child with legal protection, as they are now a member of the adoptive family and are entitled to the same rights and protections as any other child.

Emotional fulfillment: Adoption by necessary implication can provide the adoptive parent with a sense of fulfillment and purpose, as they are able to provide a child with a loving and stable home environment.

DISADVANTAGE OF ADOPTION BY NECESSARY IMPLICATIONS.

While adoption by necessary implication can have many benefits for the child and the adoptive parent, there are also some disadvantages that should be considered, including:

Legal complexity: The adoption process can be complex and time-consuming, and may require the assistance of a qualified legal professional.

Cost: The cost of adoption can be high, especially if a legal professional is required to assist with the process.

Background check: A background check may be required for the adoptive parent, which can be intrusive and may reveal information that the adoptive parent would prefer to keep private.

Resistance from biological parents: The biological parents may resist the adoption, which can result in a lengthy legal battle and emotional stress for both the child and the adoptive parent.

Emotional trauma: The child may experience emotional trauma as a result of the adoption, especially if they have a close relationship with their biological parents or if the adoption process is lengthy and complicated.

Loss of cultural identity: The child may experience a loss of cultural identity, as they may be adopted into a family with a different cultural background.

Uncertainty: There is always some level of uncertainty associated with adoption, as the adoptive parent may not know the child’s background or medical history, and the child may have difficulty adjusting to their new family.

It is important to consider these potential disadvantages before proceeding with an adoption by necessary implication, and to ensure that the adoption is in the best interest of the child and that the adoptive parent is fully aware of their rights and responsibilities.

Challenges with bonding: The child may struggle to bond with their new family, especially if they have a close relationship with their biological parents or if they have experienced trauma or instability in the past.

Lack of support: The child may struggle to adjust to their new environment, and may lack support from extended family or friends.

Long-term impact: The adoption may have long-term impacts on the child’s relationships, identity, and self-esteem, and they may struggle with feelings of loss, abandonment, or insecurity.

Legal challenges: Adoption by necessary implication is a legal process, and there is always the possibility of legal challenges or disputes arising in the future, especially if the biological parents contest the adoption.

Resistance from the community: There may be resistance from the community or from extended family members who do not support the adoption, which can result in additional stress and strain for the child and the adoptive parent.

Limitations on future options: The adoption may limit the child’s future options, such as their ability to inherit from their biological family or to form a relationship with their biological parents in the future.

It is important to consider these potential disadvantages and to understand that adoption is not the right solution for every child or every family. Adoption should only be pursued if it is in the best interest of the child and if the adoptive parent is fully aware of the challenges and responsibilities involved.