WHOSE INTEREST COMES FIRST? THE CHILD IN ADOPTION LAW: NIGERIA AND CANADA

Abstract

Adoption sought to provide permanent family care for children without parental care, yet legal frameworks differ significantly across jurisdictions. This paper comparatively examined the legal status, welfare, and "best interest of the child" principle in adoption proceedings in Nigeria and Canada. While Nigeria’s adoption is governed by the Child’s Rights Act 2003 and state Child Rights

Laws, Canada operates under provincial statutes such as the Ontario Child, Youth and Family Services Act 2017.  In Nigeria, challenges include lack of uniform law, cultural stigma, delays, and weak postadoption monitoring. In Canada, challenges relate to Indigenous customary adoption recognition and inter-provincial disputes.  Canada has stronger institutional safeguards and clearer "best interest" tests, while Nigeria faces enforcement gaps despite constitutional and statutory provisions. Nigeria should harmonize adoption laws, strengthen NSITF oversight, and adopt Canada’s child-centred welfare model to ensure legal certainty and protect child welfare.