This article will help you to know about the legal provision and procedure of adoption in Nepal.
The process of transferring a parent’s legal rights and duties to another person is called adoption. In another word, adoption includes the termination of a child’s legal rights and duties toward his or her natural parents and the substitution of such rights and duties toward his or her adoptive parents.
There are basically two types of adoption. They are:
a. Open adoption: This is the type of adoption in which biological parents get a chance to meet their child despite having all the legal rights to adoptive parents.
b. Closed adoption: In this type of adoption, there is no contact between the biological parents and the adoptive parents and child after the adoption takes place.
As we know, for the adoptions to be carried out, formal and legal procedures are required. All the legal provisions related to adoption are administered by Muluki Civil Code 2074.
Who can adopt a child for adoption in Nepal?
(a) A married couple whose child has not been born even up to ten years of the marriage,
(b) An unmarried woman who is above forty-five years of age, a widow, divorced woman, or judicially separated woman, having no son or daughter,
(c) An unmarried man having completed forty-five years of age, a widower, divorced or judicially separated man, having no son or daughter.
Who can not adopt a child for adoption in Nepal?
(a) A person with an unsound mind,
(b) A person who is convicted by the court of a criminal offense involving moral evilness,
(c) One who does not have the financial capacity to afford maintenance, health care, education, sports facility, entertainment, and care of the minor.
Who can not be adopted for adoption in Nepal?
(a) One who has attained fourteen years of age,
(b) One who is the one and only son or daughter,
(c) One who has been already adopted as a son or daughter previously,
(d) One who is in a greater degree of a relationship than the person adopting the son or daughter,
(e) One who is not a citizen of Nepal. ( the provision of this clause shall not apply to a non-resident Nepali citizen who has obtained foreign citizenship )
Also read: Birth Registration in Nepal
Process of Adoption in Nepal
(1) The rights, obligations, and responsibilities of an adopted son or daughter will be the same as that of a biological son or daughter of the adoptive person.
(2) If a son or daughter is born to a person who has already adopted a person, the equal status of such adopted son or adopted daughter to that of a biological son or daughter will not be damaged.
Obligations of adopted son or daughter:
The obligations of the adopted son or daughter shall be as follows:
(a) To make arrangements for the maintenance, health care, and care of the adoptive person according to 97 his or her reputation and capacity as if such person were his or her natural father or mother,
(b) To protect, look after and properly manage the property of the adoptive person,
(c) To protect the rights and interests of the adoptive person.
Surname of adopted son or daughter after adoption in Nepal:
An adopted son or daughter may use the surname of either or both of the adoptive father and mother.
(1) If an adopted son or daughter wishes, he or she may use the surname of his or her biological father or mother.
(2) If the adoption is revoked, his or her surname will be that of his or her biological father or mother.
For Questions and Answers
No, an adopted son or daughter can not claim property belonging to biological parents. If the property partition is already done before adoption then he or she may receive such property. If the adoption is revoked then he or she can claim their partition share with biological parents.
What is the age gap required between adoptees and adopters?
There must be at least 25 years age gap between adoptee and adopter. But there are no age restrictions within the relation of three generations.
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