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Section 141 Nigerian Child’s Right Act 2003

Section 141 Child’s Right Act

Section 141 Child’s Right Act 2003 is about Effect of adoption. It is under Part XII (Adoption) of the Act.

(1) On an adoption order being made‐
(a) all rights, duties, obligations and liabilities, including any other order under the personal law applicable to the parents of the child or any other person in relation to the future custody, maintenance supervision and education of the child, including all religious rights, right to appoint a guardian and to consent or give notice of dissent to marriage, shall be extinguished; and

(b) there shall vest in, and be exercisable by and enforceable against the adopter‐
(i) all rights, duties, obligations and liabilities in respect of the future custody, maintenance, supervision and education of the child, and
(ii) all rights to appoint a guardian and to consent or give notice of dissent to marriage of the child, as would vest in the adopter as if the child were a natural child of the adopter, and in respect of those matters, the child shall stand to the adopter in the relationship of a child born to the adopter.

(2) Where a husband and wife are joint adopters of a child, they shall‐
(a) in respect of the matters specified under this section; and
(b) for the purpose of the jurisdiction of the Court to make orders as to the custody and maintenance of and rights of access to the children, stand to each other and to the child in the same relationship as they would have stood if the child were their natural child and in respect of those matters, the child shall stand to them in the relationship of a child born to the adopters.

See also  Section 258 Nigerian Child's Right Act 2003

(3) For the purposes of the devolution of the property on the intestacy of the adopter an adopted child shall be treated as a child born to the adopter.

(4) In a disposition of property made after the date of an adoption order, reference, whether express or implied, to‐
(a) the child or children of the adopter shall, unless the contrary intention appears, be considered as including, a reference to the adopted child; and
(b) a person related to the adopted child in any degree shall, unless the contrary intention appeared, be construed as a reference to the person who would be related to him in that degree if he were the natural child of the adopter and were not the child of any other person.

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