Guaranteeing Child Fostering and Parental Rights in Nigeria: Law and PolicyPerspectives

ABSTRACTPurpose – This article examines the practice of customary child fostering in Nigeria and the state of parentalrights in such a situation. Customary child fostering is a long-lasting practice in Nigeria, and it has an impact onparental rights. The significance of the practice and its impactsin mostly Nigerian traditional communities raisethe question of its regulation so as to safeguard children‟s rights as well as parental rights. Hence the adoption ofthe Child Rights Act 2003 by Nigeria is regarded as a comprehensive approach to quelling a socio-culturalconflict.Design/Methodology/Approach -The approach taken is a textual analysis based on evaluating the widespreadpractice of customary child fostering and the existing literature on both the sociological and legal approaches tothe issues.It is worth enquiring whether the issues of child rights and parental rights arising in the practice ofcustomary child fosteringhave been adequately apprehended from a law and policy perspective in Nigeria.Findings– This research found that despite the emergence of a comprehensive legal framework for childfostering in modern Nigeria, most individuals, including parents, foster carers and otherstakeholders, remainattached to the practice of traditional fostering.Originality/ Values -The valueof this article resides in the deconstruction of customary child fostering in itscurrent form and the challenges to the effectiveenforcementof the current provisionsof the ChildRights Act 2003on child fostering.

KEYWORDS:Customary child fostering, informal fostering. child rights, parental rights, law and policy.