Child Adoption Process in Nepal

It is a legally accepted act of creating civil paternity between two persons by transferring a parent’s legal rights and duties to another person. In this context, all the parental rights and responsibilities are transferred from the biological parents of the child to the adoptive parents.

Both the adopting parents and the biological parents must have mutual understanding or shall have consent for adoption.  

1.1 What is the legal meaning of Child Adoption? (Nepalese Child Adoption by Nepalese Spouse)  

Legally, domestic adoption means to accept other people’s children of Nepali as their own children by the adopter being Nepali citizen only.  It is the legal process of adopting a child who is a permanent citizen or resident of Nepal by a Nepali adopter.

In case of Nepal, for adoption, one must file an application in the concerned District Court mentioning the reasons for adoption along with the details of the individual to be adopted.

Childless couple can file application if they want to adopt. However, any person who has children but files a petition at the concerned District Court to adopt a child and proves that his financial capability to arrange for the overall maintenance of the child, the Court can grab permit upon inquiry of the capability.

• Muluki Civil Code, 2074,
• Muluki Civil Procedure Rules, 2075
• An act relating to Children, 2075
• Constitution of Nepal, 2072

Governing authority for domestic adoption is District Court of Nepal.

According to the National Civil Code, 2074,

Required maximum age: 

For adopter: 

• Unmarried man and woman (completed 45 years of age)
• Couple to whom no child has born even up to ten years of the marriage
• Widow
• Divorcee woman or judicially separated woman, having no son or daughter

For adoptee: 

Not above 14 years of age

• The government fee would be Rs.500/- only 

• Usually, the court procedure takes 2 days but it might take maximum 15 days for overall completion of documentation and presentation with judgement in the court.

• At least 25 years of age
• No age restriction within the relation of three generations

 Generally, the criteria for adoption in Nepal is outlined clearly in the adoption-related laws and regulations of the nation. In such a context, some of the eligibility as well non-eligibility of adoption are: 

Child adoption Lawyer will seek some of the documents required which are enlisted below: 

• Details of the adopting person/parents.
• Citizenship of the adopter/adopting person.
• Birth certificate or Citizenship of the child who is to be adopted.
• Relationship verification document between the family members of the child to be adopted.
• Consent letter of the adopting parents or adopter.
• Consent letter of the adoptee child (above 10 years)
• Consent letter of the parents of the child to be adopted
• Recommendation letter concerning the financial status of the adopter as well the evidence of the movable/immovable property of the adopter
• Recommendation letter of adoption from the concerned ward of the adopter.
• Passport sized photo 3/3 of the adopter, adoptee and the parents of the child.
• Deed document of adoption
• Application for adoption
• Citizenship copies of the witness
• Police report of the adopter (with notarization)
• Marriage registration certificate of the adopting husband and wife
• Recommendation letter of not having child or cannot have child in future (by adopter) from the Medical Board.
   

The process for the Child Adoption within Nepal by Nepali citizen is mentioned below: 

After the child is legally adopted by the Nepali citizen, the adopter shall treat that child as considering him/her as their own biological child. The child shall have right to receive each and every aspect of care and respect as well support from the adoptive parents.

Some legal status or rights the child achieves are below: 

There are certain obligations of adopter and adoptee towards each other after adoption.

Some reliable obligations include: 

• If adoption is annulled in the following conditions;
• If the adopted son/daughter fails to fulfill their obligations towards their adopting parents.
• If the adoptee evicts or abuses the adopter physically or mentally.
• In case if the adoptee misuses the property of the adopter.
• If the adoptee leaves without consent for 3 years or more.
• If the adopter fails to fulfill their obligations towards the adoptee.
• Adopting person having their own son if adopts another son, and having their own daughter if adopts another daughter
• If the adopter is of unsound mind
• If the adopter is convicted of a morally turpentine crime.
• In case if written consent is not obtained from the child who is to be adopted and the biological parents of the child, at the time of the adoption procedure.
• If there is an absence of 25 years age difference between the adopter and adoptee.
• In case if the adoptee is once adopted as a son or daughter.

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