This article is all about the legal provision relating to inter-country adoption in Nepal.
Intercountry adoption is the process in which there is the adoption of a child from a foreign country through permanent legal means and then bringing that child to your country of residence to live with you permanently.
If any foreigner accepts a minor of a Nepali citizen or of a foreigner residing in
Nepal as an adopted son or daughter shall be deemed to be
accepted as an inter-country adoption in Nepal.
Legal provisions relating to inter-country adoption in Nepal are governed by Muluki Civil Code 2074.
Legal Provisions Relating to Inter-Country Adoption in Nepal
According to Muluki Civil Code 2074,
Permission from the Government of Nepal is necessary in order to hold any minor of a Nepali citizen or of a foreigner residing in Nepal as an adopted son or daughter.
Permission for adoption is granted only to the citizens or married couples of those countries which are opened by the Government of Nepal, by notification in the Nepal Gazette, for inter-country adoption in Nepal.
While granting permission for the adoption to foreigners, the Government of Nepal will examine the following things:
- Whether or not the best interests of the adopted child are ensured.
- Whether or not the human rights of the adopted child are protected.
- Whether or not such a child will be abducted, sold, trafficked, or otherwise abused.
Permission is granted only if it appears appropriate to grant permission to a foreigner
to adopt a child.
A child eligible to be given for adoption:
Any of the following children have stayed in a children’s home for at least six months
maybe given to a foreigner for adoption:
- Orphan children who, upon the death of both father and mother, are not under the protection of anyone,
- Voluntarily abandoned children.
“Children home” means a child welfare home and orphanage established in accordance with the law, with the objective of protecting the rights and interests of
children and this term include a children’s home or Balmandir established by the Government of Nepal.
“Orphan child” means any of the following children certified as an orphan by the District Administration Office:
- A child found unclaimed by the police, and whose father or mother is not found,
- A child left unclaimed in a hospital or health institution,
- A child whose father and mother are not traced out,
- A child whose father and mother are both dead and who has no property for maintenance.
“Voluntarily abandoned children” means the following children who have been surrendered to the custody of a children’s home, through the District Administration
- In the case of a child whose, the father is dead or disappeared and the mother has concluded another marriage.
- If more than one child has been born, and the mother is not financially able to afford their maintenance or education because the father is dead, disappeared, or of unsound mind, in the case of such children, their mothers,
- If more than one child has been born, and the father is not financially able to afford their maintenance or education because the mother is dead, disappeared, or of unsound mind, in the case of such children, their fathers,
- In the case of an orphan child who has no property, his or her guardian, or curator.
Foreigner eligible for adopting son or daughter:
Permission may be granted to the following foreigner for the adoption of any child of a Nepali citizen or of a foreigner domiciled in Nepal:
- A couple from whom no child is born even up to ten years of their marriage,
- An unmarried woman a widow, a divorcee woman, or a judicially separated woman who has completed forty-five but not fifty-five years of age, has no son or daughter,
- An unmarried man a widower, a divorcee, or a judicially separated man who has completed forty-five but not fifty-five years of age, having no son or daughter.
No permission may be granted to the following foreigner for
- One who is of unsound mind,
- One who is convicted of a criminal offense involving moral turpitude, by a court of Nepal or the concerned country.
Process of Inter-Country Adoption in Nepal
A foreigner or couple qualified and desirous of adopting a Nepali minor or a minor of a foreigner residing in Nepal shall make an application to the Board, accompanied by the following documents, through the embassy of his or her country in Nepal:
- The applicant’s birth registration certificate,
- The applicant’s recently taken photograph,
- A photocopy of the applicant’s passport,
- A document certifying the applicant’s marital status,
- A certificate issued by a licensed medical doctor on the applicant’s health,
- A certificate issued by the governmental body of the concerned country, indicating that the applicant is of good character and has not been convicted by a court of a criminal charge involving moral turpitude,
- A document that certifies the applicant’s property and income source,
- The applicant’s social, psychological, and home study report,
- Age, sex, and other details of the child sought for adoption,
- A letter of consent issued by the government of the applicant’s country for making adoption in Nepal,
- A letter of guarantee issued by the government of the concerned country or by the embassy of that country based in Nepal or designated for Nepal indicating that according to the law of the applicant’s home country, the status of the person to be adopted is equal to that of the applicant’s biological son or daughter,
- A letter of guarantee issued by the government of the applicant’s home country, the embassy of that country based in Nepal or designated for Nepal indicating that, according to the law of the applicant’s home country, the applicant is qualified to make adoption and has the financial capacity to bear all responsibilities including maintenance, health care, education, and protection of the minor to be adopted.
For Answers and Questions
Which language should be used while submitting the documents required for inter-country adoption?
The documents should be written in the English language or translated into the English or Nepali language by a competent body.