Adoption Process in Nepal- Easy guide to the latest legal provisions (2081)

Adoption process in Nepal – Domestic Adoption

Adoption is a legal process by which non-biological parents accept the child of others and bring the child as their own. The transfer of parental obligation towards a child from biological parents to adoptive parents is called adoption. It involves the termination of rights and obligations of natural parent-child towards each other and its replacement by rights and obligations of adoptive parent-child.

Once a child is adopted, usually 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. However, this case may differ in a different jurisdiction, society, religion, etc. In Confucian law, for a long time, adopted children had no inheritance rights i.e. could not inherit property. Sharia law considered adoption as a violation of the Quran. Quran states that adopted children cannot have the name of the adoptive father which can be impliedly interpreted as a prohibition of adoption by God himself.

The adoption process in Nepal is regulated by Muluki Civil Code. Muluki Civil Code of Nepal defines adoption as, ” If a person accepts a son or daughter of another person as his or her son or daughter, such a son or a daughter shall be deemed to be an adopted son or daughter.” Chapter 8 of the code deals with the adoption process in Nepal.

Adoption Process in Nepal

Under our domestic Legal system, the adoption process in Nepal can be studied as follows:

1. Intra- country ( Domestic Adoption)
2. Inter-country adoption ( Foreigner adopting Nepali child )

Intra- country Adoption

Who is allowed to adopt a child under Nepalese laws?

(a) A couple to whom no child has been born even up to ten years of the marriage,

(b) An unmarried woman having completed forty-five years of age, a widow, divorcee woman or judicially separated woman, having no son or daughter,

(c) An unmarried man having completed forty-five years of age, a widower, divorcee, or judicially separated man, having no son or daughter.

Who is not allowed to adopt under Nepalese laws?

( a) One who is of unsound mind,

(b) One who is convicted by the court of a criminal offense involving moral turpitude,

(c) One who does not have the financial capacity to afford maintenance, health care, education, sports facility, entertainment, and care of the minor.

Children that cannot be adopted

(a) One who has completed fourteen years of age,

(b) One who is the only son or daughter

(c) One who has already been adopted as a son or daughter

(e) One who is not a citizen of Nepal (except a non-resident Nepali citizen who has obtained foreign citizenship.)

(d) One who is in a higher degree of relationship than the person adopting the son or daughter,

Step-wise procedure (Adoption Process in Nepal)

Step 1: Filing application in the concerned court with a duly executed deed of adoption.

Step 2: The concerned court will look at it and decide on the permission for adoption and if satisfied with the application, grant permission for adoption and also certify the deed.

Documents Required :

1. Citizenship certificate of adoptive parents.
2. Birth registration document of a child or any other similar document disclosing his/ her identity.
3. 2/2 passport-size photos of both parent and child
4. Deed of Adoption
5. Deed of consent between husband and wife living in a joint family seeking adoption.

Thus, the Adoption process in Nepal ( domestic) is summed up through above mentioned procedural and substantive requirements.

Frequently asked questions

Can you adopt a child if you already have a child?

No, you cannot if you already have a child.

Can an adoptive child get a partition share from adoptive parents?

Yes, because under Nepalese laws 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.

Can an adoptive child get partitioned from biological parents?

No, the child’s rights deriving from biological parents will be terminated once the adoption is effected.

Under whose name will the adopted child get citizenship?

From the adoptive parent’s name.