Introduction: Why Preparation Matters

Adoption and surrogacy are life-changing paths to parenthood. They involve sensitive ethical choices, medical steps, and legal procedures that vary across Nigerian states and, for cross-border cases, across countries. Adoption in Nigeria typically follows state adoption laws and the Child’s Rights framework. Surrogacy in Nigeria is not expressly regulated by a single statute, so careful contracts, clinical protocols, and legal strategy are essential.

Steps You Can Take Before Seeing a Lawyer

1. Clarify your goal and route

• Adoption route: domestic adoption within Nigeria or inter-country adoption that must also satisfy the destination country’s rules.
• Surrogacy route: traditional surrogacy where the surrogate’s egg is used or gestational surrogacy via IVF where the surrogate is genetically unrelated to the child.
• Decide whether donor eggs or sperm may be required and note any medical advice you have received.

2. Check basic eligibility early

• Age and marital considerations for adoption in your state of residence.
• Residence requirements and suitability assessments such as home study and social welfare interviews.
• For surrogacy, obtain medical reports that explain why surrogacy is indicated and the recommended protocol.

3. Budget realistically

• Adoption costs could include state application fees, home study, welfare agency fees, legal filings, and post-placement reviews.
• Surrogacy costs could include clinic fees, IVF cycles, donor fees if any, surrogate support and compensation, scans, delivery costs, and legal documentation.
• Set aside a contingency for delays or repeated procedures.

4. Shortlist reputable bodies

• Adoption: work only with government-approved welfare offices and duly accredited agencies.
• Surrogacy: use licensed fertility clinics and insist on proper consent, screening, and record-keeping.

5. Map your timeline and dependencies

• Account for waiting lists, home studies, matching, court dates, and travel if any.
• For surrogacy, factor in IVF schedules, surrogate screening, embryo transfer windows, antenatal care, and delivery planning.

Evidence and Documents to Gather

Adoption document checklist

• Means of identification: international passport, national ID, or driver’s licence.
• Proof of age and marital status: birth certificate, marriage certificate, or sworn affidavit as applicable.
• Proof of residence in your state: utility bill, tenancy agreement, or letter from local authority.
• Financial capacity: recent bank statements, payslips, tax clearance if available, or business evidence.
• Medical fitness: recent medical report for each adopting parent and any special conditions noted.
• Character references: letters from employer, clergy, or respected community members.
• Prior adoption or guardianship orders if any, plus records of any previous applications.
• Communication with welfare offices or agencies and any home study reports.

Surrogacy document checklist

• Medical reports recommending surrogacy and summarising prior treatments.
• Clinic engagement papers and consent forms for intended parents and the surrogate.
• Proposed surrogacy agreement including roles, obligations, compensation, antenatal support, delivery plan, confidentiality, and dispute handling.
• Identity documents of intended parents and surrogate including next of kin details.
• Any donor consents and chain of custody records for gametes or embryos.
• Financial plan for clinic fees and surrogate support including evidence of funds.
• Birth registration and parental responsibility plan for post-delivery steps.

Common Mistakes Clients Make

• Assuming adoption or surrogacy will finish within a month without considering home studies, court schedules, or medical cycles.
• Starting with unaccredited agencies or clinics because they seem faster or cheaper.
• Signing generic or downloaded agreements without lawyer review and without tailoring to Nigerian realities.
• Not budgeting for repeats such as a second IVF cycle or additional court sittings.
• Failing to plan for post-birth steps such as birth registration, travel papers, and recognition of parentage in a second country.

What not to do

• Do not make cash-only payments without receipts or transfer evidence.
• Do not proceed with a surrogate who has not been medically and psychologically screened.
• Do not bypass state welfare procedures for adoption matching and suitability.
• Do not share sensitive medical records publicly or on unsecured platforms.

Common Misconceptions

• “Surrogacy is illegal in Nigeria.” It is not expressly illegal but it is not codified by a single statute. That is why strong contracts and documented clinical protocols are vital.
• “An adoption order can never be challenged.” It may be challenged if there was fraud, coercion, or procedural illegality. Proper process and documentation reduce this risk.
• “Foreigners cannot adopt in Nigeria.” It is possible, but requirements are stricter and timelines can be longer. Inter-country compliance is critical.
• “Any clinic can manage surrogacy.” Proper licensing, informed consent, screening, and record-keeping are non-negotiable for safety and future legal recognition.

Preparing for the Consultation

What to organise

• Identity, marital, and residence documents plus medical and financial records.
• A short timeline of what you have done so far and whom you have spoken to.
• Names and contacts of agencies, clinics, or surrogates already engaged.
• A realistic budget and any constraints you want the lawyer to observe.

Questions to ask your lawyer

• What is the legally safest route for my situation and state of residence
• What documents are critical at each stage and how will you verify them
• How long could this take and what are the possible bottlenecks
• How will parental rights be secured and recorded after birth or adoption order
• What risks exist if the process goes cross-border and how do we plan for recognition

Expectation setting

• Timeframes can shift due to court scheduling, home study slots, or medical cycles.
• Costs can rise if additional medical attempts or hearings are required.
• The child’s best interest standard and informed consent will drive decisions.

Practical Insights

• Cross-border planning: If you reside outside Nigeria or plan to relocate, check recognition rules for adoption orders or surrogacy parentage in the other country early.
• Health and counselling: Independent counselling for intended parents and surrogate helps align expectations and reduces disputes.
• Insurance: Consider health insurance that covers antenatal care and delivery for the surrogate where available.
• Data security: Store medical files and contracts in a secure digital vault with access control and backups.
• Post-order steps: Birth registration, passports, visas, and if relevant, a court declaration or notarised parental responsibility document should be queued immediately after birth or order.

Frequently Asked Questions

How long does adoption take in Nigeria

Typical ranges are 6 months to 2 years depending on state procedures, availability of home studies, and court schedules. Inter-country elements can extend timelines.

Can a single person adopt

Yes. Some states apply additional conditions, especially for adopting a child of the opposite sex. Always confirm your state’s current position.

Is surrogacy allowed in Nigeria

Surrogacy is practiced. There is no single statute that governs it nationwide, so protective contracts, informed consent, and using reputable clinics are vital.

What if the surrogate changes her mind

Strong agreements, clinic-documented consents, and a clear post-birth plan reduce risk. Your lawyer will structure documents to protect parental rights within Nigerian law.

Do adopted children have inheritance rights

Once an adoption order is properly granted, an adopted child generally acquires the same legal status as a biological child, including inheritance rights.

Final Thoughts

Adoption and surrogacy require patience, documentation discipline, and sound legal guidance. Your preparation makes the difference. If you assemble eligibility proofs, organise medical and financial records, and avoid shortcuts, your lawyer can focus on safeguarding your parental rights and the child’s best interest efficiently.