Section 68 Child’s Right Act
Section 68 Child’s Right Act 2003 is about Acquisition of parental responsibilities. It is under Part VIII (Possession and Custody of Children) of the Act.
(1) Where the father and mother of a child were not married to each other at the time of the birth of the child‐
(a) the Family Court established under section 153 of this Act may‐
(i) on the application of the father, order that he shall have parental responsibility for the child; or
(ii) on the application of the mother, order that she shall have parental responsibility for the child; or
(b) the father and mother may by agreement have joint parental responsibility for the child.
(2) No parental responsibility agreement shall have effect for the purposes of this Act, unless it is made in the form and manner prescribed by regulations made by the Chief Justice of Nigeria under this section.
(3) Subject to subsection (4) of this section, an order under Subsection (1) (a) of this section, or a parental responsibility agreement, may only be brought to an end by an order of the Court made on the application‐
(a) of a person who has parental responsibility for the child; or
(b) of the child himself, with leave of the Court.
(4) The Court may only grant leave under Subsection (3) (b) of this section if it is satisfied that the child has sufficient understanding to make the proposed application.
(5) Where the court makes a residence order in favour of the father or the mother of a child it shall, if the father or mother would not otherwise have parental responsibility for the child, also make an order under subsection (i) of this section giving the father or mother that responsibility.
(6) Where the Court makes a residence order in favour of a person who is not the parent or guardian of the child concerned, the person shall have parental responsibility for the child while the residence order remains in force.
(7) Where a person has parental responsibility for a child as a result of subsection (5) of this section, he shall not have the right to‐
(a) refuse to consent, to the making of an, application in respect of the child under Part XII of this Act or,
(b) agree, or refuse to agree to the making of an adoption order, or any other order under Part XII of this Act with respect lo the child ; or
(c) appoint a guardian for the child.
(8) Where subsection (5) of this section requires the Court to make an order under subsection (1) of this section in respect of the father or mother of a child; the court shall not bring that order to an end at any time while the residence order concerned remains in force.
(9) The fact that a person has, or does not have parental responsibility for a child shall not affect
(a) any obligation which he may have in relation to the child including a statutory duty to maintain, the child; or
(b) any right which, in the event of the death of the child, he or any other person may have in relation to the property of the child.
(10) A person who does not have parental responsibility for a particular child but has care of the child may, subject to the provisions of this Act, do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the welfare of the child.
