Features
Of Baby Factories And Child Adoption Laws
The issue of child adoption and the need to have a child that a couple can call their own has been a nightmare to many families in Nigeria.
This is because, for many reasons, some couples are unable to have their own biological children and resort to other options such as adoption or fostering so as to have children they can call theirs.
In Nigeria, adoption is governed by two laws, the Child’s Right Act (2003) which incorporates the rights and responsibilities of children, and the Adoption Law of the state where one seeks to adopt the child from.
Adoption is a legal process pursuant to state statute in which a child’s legal rights and duties toward his/her biological parents are terminated and similar rights and duties toward adoptive parents are substituted.
It is also an order vesting the parental rights and duties relating to a child in the adopters, made on application by an authourised court.
For adoption to take place, the court is vested with powers to grant an adoption order, depending on the type of adoption taking place. The court also has the right to cancel an adoption process if it thinks or gets reports that the adoptive parents applied undue duress.
In Nigeria, adoption procedures and rules differ from state to state, for example, adoptive parents must foster children for at least three months in Lagos, but must foster for at least one year in Akwa Ibom, while Abuja allows adoption only if one parent is a Nigerian.
The laws in most parts of the country provide that an application for an adoption must be made in the prescribed form and submitted to the registrar of a competent court.
Section 116 of the Child Rights Law of Lagos State 2015 makes provision for adoption application, made in prescribed form and accompanied with: the marriage certificate or a sworn declaration of marriage, the birth certificate or sworn declaration of age of each applicants and two passport photographs of each applicant, as well as a medical certificate of fitness of the applicants from a government hospital.
In practice, the adopter cannot make this application to the court on his or her own without the consent of the government welfare agency or department.
In Lagos State, the government department responsible for such a process is the Ministry for Youth and Social Development.
On receipt of the application, the court will give an order of investigation to be conducted by Social Welfare Officers, supervision officers, and any other persons as the court may determine to assess the suitability or otherwise of the applicant as an adopter.
Observers, however, note that the quest for children further compounds the pressure from family and friends, as well as high expectations from the society which force some couples to engage in acts contrary to the law.
Some observers say it is such pressure and the “somewhat unfriendly” adoption laws in some states that prompts “child harvesting”, popularly called “baby factories,’’ which is fast becoming a lucrative business for those offering to solve the eagerly will-be parents who desperately seek babies.
Mrs Ngozi David, a business woman living in Abuja who said she got married 25 years ago but never had even miscarriage, said “I am now used to the derogatory names referred to me by my friends, inlaws and some family members.
“I have been to many hospitals in search of the fruit of the womb but did not succeed, I also visited many Churches and even some Muslim clerics but yet to get an answer.
“I applied to adopt a child some years ago but when I didn’t get after eight months, I decided not to pursue it and went for prayers to different worship centres. I don’t even know what to do again: just waiting for God’s time.”
David’s story is not far from Mrs Justina Agbo, a civil servant residing in Abuja, who said she got married 15 years ago and has no child yet.
Agbo said that even though her inlaws have been helping her in that regard, she is always moody, sad, and feels rejected.
She added that in 2019, she even contacted someone who said he would link her up with a “baby factory” to book for a baby boy at N300,000, but was later advised by a friend not to go ahead with the plan.
On why she didn’t go for adoption, she said “I learnt that the process is cumbersome and takes years. I am just waiting for God’s time.”
Mrs Patience Gying, a Counselor, says people now see “baby factories” as a lucrative business where they can easily get paid to make some girls pregnant.
This, according to her, they do without thinking about the fate of the innocent child sold for a plate of pudding.
She said that the practice negates the Child Rights Law and the reasons for setting up homes to carter for the needs of prospective persons wishing to adopt or foster children legally.
Gying said some of those arrested in the past for engaging in “baby factory” business said they did that because of economic hardship, the desperation by couples to get babies and greed for money.
A lot of the girls rescued from such factories were school dropouts, young women who were denied access to education or sent away from their homes for various reasons.
Abject poverty is the major reason young mothers give up their babies in exchange for money, while others do so due to societal shame and the lack of support or the lack of knowledge about what or where to get help after getting pregnant the wrong way.
Unfortunately, the baby trade business is also promoted by some medical practioners, proprietors of motherless babies’ homes and even relations of girls who become pregnant out of wedlock due to societal shame.
Even though the nefarious activity continued unhindered in the past, the government, security agencies and community members have started to beam their searchlights on such acts.
In September 2019, the police command in Lagos State rescued 19 pregnant young women and four children during raids on four “baby factories” in the state.
It was reported that two suspects were arrested during the raid, but the principal suspect absconded after she got wind of the raids.
The state Police Public Relations Officer, Bala Elkana, said in a statement that a manhunt was launched for the suspect, explaining that the suspects were operating as nurses at the baby factories when they had no any formal medical training.
“Two suspects, Happiness Ukwuoma, 40; and Sherifat Ipeya, 54, were arrested in connection with the case, natives of Imo and Lagos states and did not receive any formal medical training, but operated as nurses.
“The Command has launched a manhunt for the principal suspect, Madam Oluchi, from Mbano, Imo State. She is a mother of five.
“The young women were tricked with employment as domestic workers in Lagos and abducted by the suspects for the purpose of getting them pregnant and selling their babies for between N300,000 and N500,000, depending on the sex.”
Elkana stated that the state’s Commissioner of Police, Zubairu Muazu, had visited the scene and ordered the State Criminal Investigation and Intelligence Department to take over the case, adding that the Command had been working with other agencies and stakeholders to rehabilitate and resettle the pregnant women and the babies.
He added that investigation was ongoing and the suspects would be charged to court.
This is one of such stories happening in some parts of the country.
When some couples and families are seeking for children to genuinely adopt and take care of just like every normal family, some greedy individuals are thinking of how to make money out of it.
While adoption is legal and couples are allowed to do so, the laws guiding it are stringent, just to make sure that such children are well catered for.
Mrs Agnes Utah-Hart, the Director, Gender Development Department, Federal Capital Territory, explained that the delay in adoption process is to ensure that the applicants are thoroughly accessed and scrutinised.
Utah-Hart says the measure is also to ensure that only those that are suitable and capable are given the opportunity to adopt.
She noted that the stages of adoption or fostering in the Federal Capital Territory (FCT) include a handwritten application letter, application form, birth certificate or declaration of age.
Others requirements are: recent passport photographs of the prospective adopter, evidence of income, medical fitness, letter of consent and other legal process.
“The application is submitted to the secretary, Social Development Secretariat, who in turn, minute it to the Director, who minutes it to the Deputy Director and there is a team that does home visitation as part of adoption process and it is very important.
“We visit the homes and access the readiness of the applicant that wants to pick the child. After that, there is an adoption committee — the FCT Adoption Committee to look at the application based on merit and availability of children.’’
According to her, at least 500 persons apply for adoption and fostering annually within the FCT.
She said some applicants fail to complete the adoption process to the legalisation stage, which is the final phase, while some complain about the waiting period of 12 months as stipulated in Section 121 of the Child Rights Law, “but it is normal.”
A legal practioner and children activist, Ms Grace Auta, said Section 30 of the Child’s Rights Act specifically deals with selling of children and anyone guilty of such is liable on conviction to a term of 10 years in prison.
Auta added that “any payment to facilitate adoption process is also against the law and anyone that contravenes this is liable on conviction to a fine of not more than N30,000 or imprisonment for a term not exceeding three years or both.’’
She said that “no matter how long or complex child adoption process might be, the joy and fulfillment given to a child, abandoned by a biological mother, into a welcome and loving home erodes all questions
“The child, who knows only the warmth and care of his or her adoptive parents grows with the notion that they truly are his/her parents, hence the need for adopters to patiently pursue the process to its logical conclusion, since it is a worthy cause.”
Auta writes from News Agency of Nigeria.
Justina Auta
Features
Farmers/Herders Clash: Livestock Ministry As Solution
The persistent clash between farmers and herders in Nigeria has been a longstanding issue. These conflicts, often, over resources like land and water, have led to loss of lives, destruction of property, displacement of large numbers of people, deep-seated mistrust between communities and insecurity. Herders, traditionally nomadic, move their livestock in search of grazing land and water. Farmers, on the other hand, require the same resources for their crops. This competition often leads to clashes, especially in areas where land is becoming increasingly scarce due to population growth, climate change, and environmental degradation. As these clashes intensify, there has been a growing call for sustainable solutions. Two weeks ago, President Bola Tinubu took a bold step towards tackling the issue by inaugurating the Presidential Committee on Implementation of Livestock Reforms and creating the Ministry of Livestock Development.
The committee which has the president as the chairman and the former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega as the deputy chairman has the mandate to address obstacles to agricultural productivity and open up new opportunities which benefit farmers, herders, processors, and distributors in the livestock-farming value chain as well as propose recommendations aimed at fostering a peaceful co-existence between herders and farmers, ensuring the security and economic well-being of Nigerians.The establishment of the Ministry of Livestock Development was part of the recommendations of the National Livestock Reforms Committee. Part of the 21 recommendations submitted to the president include: “This agenda should include the establishment and resuscitation of grazing reserves as suggested by many experts and well-meaning Nigerians and other methods of land utilisation.
“Create the Ministry of Livestock Resources in line with practice in many other West African countries. In the alternative, Federal and State Governments should expand the scope of existing Departments of Livestock Production to address the broader needs of the industry,” among others. Experts in the agricultural sector have posited that the livestock industry can create millions of jobs directly in farming, processing, and distribution, and indirectly in related sectors like feed production, veterinary services, and marketing. It provides livelihoods for rural populations, helping to reduce poverty and improve the quality of life in rural areas. It also increases the Gross Domestic Product (GDP) and foreign exchange earnings through the exports of livestock and livestock products such as meat, dairy, wool and leather.
According to them, a well-funded livestock industry supports the growth of agro-processing sectors, such as meat packing, dairy processing, and leather manufacturing, adds value to raw products and creates additional economic activity as well as stimulates the development of supply chains, including logistics, packaging, and retail, contributing to broader economic growth. It enhances economic resilience by diversifying the agricultural sector and providing a buffer against crop failures or other agricultural shocks and many more. Some other agriculturists have also opined that the livestock industry in Nigeria is currently underdeveloped and that by the creation of the ministry of livestock development will open up the industry which will be a huge money spinner for Nigeria.
Reports have shown that a Livestock Ministry can play a pivotal role in mitigating conflicts between farmers and herders by implementing policies and programmes aimed at fostering coexistence and sustainable resource management. The Ministry can work towards clearly demarcating grazing routes and farming areas. This would reduce instances of trespassing and accidental crop destruction, a common flashpoint for conflict. While introducing rotational grazing systems can ensure that land is used sustainably, preventing overgrazing and land degradation, establishing water points and boreholes specifically for livestock can reduce competition for water resources. Similarly, promoting the development of pasturelands through reseeding and controlled burns can improve grazing conditions.
According to a veterinary doctor, Dr Andrew Obadiah, by providing training for herders on sustainable livestock practices and for farmers on conflict resolution, both parties can understand the importance of coexistence. He said that extension services of the ministry can offer advice on improving livestock health and productivity, reducing the need for large herds and extensive grazing. “Setting up local committees involving both farmers and herders to mediate disputes can provide a platform for dialogue and peaceful resolution. Encouraging community-based conflict early warning systems can help prevent clashes before they escalate”, he emphasised.For Mrs. Stella Ugwu, a farmer, having a ministry dedicated to the development of the livestock industry can help in diversifying income sources for both farmers and herders and in turn reduce dependence on land.
”For instance, promoting agro-pastoralism can provide farmers with livestock and herders with agricultural produce”, she explained, adding that providing incentives for adopting sustainable practices, such as subsidies for fodder production or crop insurance, can ease economic pressures. Ugwu was however of the opinion that the creation of a new ministry to handle livestock affairs was uncalled for, since the job can effectively be done by the Technical and Service Department of the Federal Ministry of Agriculture and food security and its equivalent on the states level.In some countries, the establishment of a Livestock Ministry or similar bodies has shown promising results. For example, Ethiopia’s Ministry of Agriculture includes a dedicated department for livestock which has successfully implemented programmes to improve pastoral livelihoods and reduce conflicts.
In Kenya, the establishment of the National Drought Management Authority has helped manage resources better, thus reducing clashes between herders and farmers during dry seasons.The president of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Othman Ngelzarma, sees the Ministry of Livestock Development achieving the same feat for Nigeria in the near future. He told newsmen that, “MACBAN expresses its deepest appreciation to the Federal Government for creating a ministry of livestock to unlock the trillion-naira livestock economy and create qualitative and productive jobs across the value chain to improve the Nigerian economy. With this development, MACBAN believes the hope of the Nigerian pastoralists is now achieved under the Renewed Hope Agenda.
However, the Middle Belt Forum took a different view of the proposed Ministry of Livestock Development, saying it was not enough to sustainably resolve the decades-long farmers-herders crisis in the country. According to the National President of the association, Mr. Bitrus Pogu, what is needed to end the perennial farmers/herders clashes is a deliberate action by regulatory bodies and the government to stop criminal elements from carrying out deadly attacks on innocent Nigerians, mainly farmers. Hear him: “If the reason for creating the Ministry is to stop clashes, I think it is wrong because all of these attacks and killings that are happening have nothing to do with conflicts between farmers and herders. “Farmers have never connived at any given time to go and attack herders, but rather, criminals who happen to be Fulani gang up and attack farmers, kill, maim and chase them out of their ancestral homes.
“Then, the Fulani will come and occupy them. So, it is more about invasion, criminality, and terrorism. And the majority of those they hire to do these evils are not even those who have cattle. So, a deliberate action has to be taken by the government against the perpetrators, which will address the criminality.” Mr. Pogu suggested that the government should adopt ranching for productivity and enduring peace between the pastoralists and farmers in particular and the entire country in general.While the establishment of a Livestock Ministry presents a viable solution, it is not without challenges. Funding constraints, bureaucratic inefficiencies, and corruption can hamper its effectiveness. Additionally, deeply ingrained cultural practices and mistrust between farmers and herders can be difficult to overcome.
Critics argue that without a holistic approach that includes land reform, climate change adaptation, and broader economic development, a Livestock Ministry alone may not be sufficient. Therefore, it must work in tandem with other governmental and non-governmental bodies to ensure comprehensive solutions. “A dedicated Livestock Ministry, with its focus on sustainable resource management, conflict resolution, and economic incentives, offers a promising avenue to address the root causes of these clashes. However, its success depends on effective implementation, adequate funding, and the cooperation of all stakeholders involved. With the right strategies and commitment, devoid of any political or selfish interest, it can play a crucial role in fostering peace and prosperity in affected regions”, they advised.
Calista Ezeaku
Features
Developments In Rivers’ Health Sector …A Leap To Greater Height
Features
Infertility And Family Stability
Mrs Tamunobarabiye (not her real name) is an indigene of one of the riverine Local Government Areas of the oil-rich Rivers State of Nigeria, She was happily married to a man whom she described as her heartthrob. And the marriage thrived peacefully for ten years when suddenly there was a twist of events in the marital relationship. The relationship turned sour because of the absence of the fruit of the womb. The marriage was characterised by accusations and counter accusations compounded by pressures from external influences especially the husband’s relatives who blamed their son’s wife for not giving a child to their son. They described the woman as “another man in the house”, The union which started well with the Bible at the centre, was cat and rat, until medical procedures vindicated the woman. Such is the fate of many marriages and the unfortunate condition of many homes in Nigeria with the woman disproportionately blamed for lack of child bearing in marriage.
It is not saying something new that In most countries of the world, especially the African countries, infertility has posed great challenge to stability of marriage. Some marriages have failed because of inability of couple to have children. In a typical African tradition, where misguided myth and superstition hold sway, more often than not, women are speculatively and presumptuously blamed for the lack of procreation in the marital relationship while the husband is saintly in disposition and in the biased evaluation of his relatives. Gynaecologists however, have proven that either husband or wife or the both could be responsible for infertile challenges encountered in marriages. It is not exclusively an act of witchcraft as many African homes are prone to, and captivated by such superstitious belief. Gynaecologists and other medical experts have cited ignorance and the lack of awareness as major contributory factors to the rising incidence of infertility in marriages.
The specialists in women challenges spoke at the 2024 Fertility Conference, held recently in Lagos. The annual event, themed, “Infertility – Need for Knowledge and Early Intervention,” was organised by the Parah Family Foundation(PFF). The Lead Speaker, Preye Fiebai, a Professor and Specialist Obstetrician and Gynaecologist from the University of Port Harcourt, also noted that Nigerian men were unaware that the ability to ejaculate did not equate to being fertile. According to Fiebai, research has shown that 20-45 percent of women in Nigeria are infertile, but often, the cause of infertility in marriages is not the women.
The Specialist Obstetrician said research breakdown shows that 40 percent of infertility cases are due to male factors, 40 percent to female factors, 15 percent to combined male and female factors, and five percent are unexplained.
Fiebai listed causes of infertility in men to include: erectile dysfunction, impotence, decreased libido, psychogenic issues, endocrinopathies, age, and over weight, among others. For women, the medical expert pointed to cervical factors, uterine factors, diseases of the fallopian tubes, and problems with ovulation. Also, a professor of Surgery from the University of Lagos, Kehinde Habeeb Tijani, added factors such as age, weight, stress, excessive alcohol consumption, exposure to radiation, and constant exposure of the testicles to high temperatures as contributors to infertility. For his part, Managing Director, Lifeline Fertility Clinic, Kemi Alioje and Tony Akinyemi, while affirming the submission of the other speakers, offered various remedies to overcome infertility. They also advised women over the age of 54 to avoid aspiring for pregnancy due to the associated risks.
Also speaking, the Conference Convener, Dayo Odukoya described the infertility rates and causes as “alarming.” She emphasised the need for ongoing awareness to encourage couples experiencing infertility to seek solutions early in their marriages rather than delaying. According to her, “The foundation’s primary objective is to share vital information, enlighten and provide the relevant support system for families undergoing fertility challenges to eradicate ignorance, the misguided myths and social stigma associated with delayed fertility in our society. “The choice of the theme for this year’s conference; infertility- needs for knowledge and early intervention; is to further reiterate the importance of continued awareness, and knowledge about the challenges of infertility and more importantly, action to be taken as early as possible if not, it may cause further delays, especially in late marriage and aged women.
“The journey to parenthood is lonely and must not be treaded alone. There is a need for a support system on this journey and that is where the Parah Family comes in,” she said. The effects of infertility is better imagined than experienced. It is daunting, overwhelming and emotionally devastating. It triggers uneasy calm, quarrels, fighting, accusations, and divorce. The effects defy religious membership as some Christian marriages are not free from the attendant challenges caused by infertility..
Mrs Veronica, a victim of infertility induced crisis said infertility in marriage is a nightmare that a woman should not wish her enemy. According to her, it is stigmatizing, and leads to exclusiveness in a matrimonial home.”You know this thing called infertility is a bad thing that one should not even wish it happens to her enemy. It is a very bad experience. You are not free in your marital home.
Almost every member of your husband’s extended family sees you as the cause of their brother not having a child”. For Mrs. Beauty, infertility is a challenge that some women brought on themselves ignorantly when they were young. According to her, abortion may cause infertility. “You know that no woman knows her fertility status – that is the number of children a woman can give birth to, in a normal condition. Some women might have several pregnancy abortion and may still have a child or children. But some may abort only once, yet may not have any child”. She warned against the temptation of abortion of pregnancy. She said no pregnancy is “unwanted”. Rather than trading blames and accusations, married men and women should undergo medical checks to ascertain their fertility status even before marriage. Those who are medically deficient should access medical facility to solve the problem.
Igbiki Benibo
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