Adopting a Child in Nepal: Legal Requirements for Domestic Adoption

      I.          Introduction

Adoption in Nepal is governed by a detailed legal framework aimed at ensuring the best interests of the child. The relevant laws provide for both domestic and intercountry adoption, with specific eligibility criteria, documentation, and procedural steps.

This briefing outlines the key legal provisions, procedural steps, and practical implications for prospective Nepali (domestic) adoptive parents.

      II.              Legal Framework

The domestic adoption in Nepal is primarily governed by the following laws:

• National Civil Code, 2074 (2017), Chapter on Adoption;
• National Civil (Procedure) Code, 2074 (2017);
• Children’s Act, 2075 (2018).

    III.          Definition of Adoption under Nepali Law

Adoption is the legal process whereby an individual or a couple assumes the parenting of a child from that child’s biological or legal parents, transferring all rights and responsibilities. Nepali law recognizes two types:

• Domestic Adoption: By Nepali citizens residing in Nepal
• Intercountry Adoption: By foreign nationals or Nepali citizens living abroad.

     IV.          Eligibility for Adoption

1. Adoptive Parents
   • Eligibility Criteria

 As per National Civil Code, 2074 (2017), only the following individual/couple are permitted for adopting child, as listed below:

• A married couple whose child has not been born even up to ten years of marriage,
• An unmarried woman who is above forty-five years of age, a widow, a divorced woman, or a judicially separated woman, having no son or daughter;
• An unmarried man having completed forty-five years of age, a widower, divorced or judicially separated man, having no son or daughter.

 In general, a person who already has a biological son cannot adopt another son, and a person who already has a biological daughter cannot   adopt another daughter. However, the National Civil Code, 2074 (2017) provides for few exceptions as listed below:

1. If the biological son or daughter does not live with the parent due to judicial separation (i.e., court-ordered partition of property, lawful separation, or separation of bread and board from other coparceners), the parent may adopt a son or daughter.
2. Further Exception: Even where a person has a biological son or daughter, the concerned court may permit adoption of another child if the person petitions the court, demonstrates sufficient financial capacity, and the court is satisfied that the petitioner can provide proper maintenance, health care, education, and care for the adopted child.
3. 2. Disqualification Conditions

 As per National Civil Code, 2074 (2017), the following individual/couple are disqualified from adopting child, as listed below:

1. One who is of unsound mind;
2. One who has been convicted of a criminal offense involving moral turpitude;
3. One who lacks the financial capacity to afford the maintenance, health care, education, sports, entertainment, and care of a minor.

• Adopted Child

 As per National Civil Code, 2074 (2017), only the following child is eligible for adoption, as listed below:

1. One who has completed fourteen years of age;

  Exception: A child within the relation of three generations, or a son/daughter born to the wife’s ex-husband, may be adopted even if over fourteen years of age.

1. One who is the only son or daughter;

 Exception: This restriction shall not apply if the adopting parent already has another biological son or daughter but is permitted by the court to adopt on the basis of demonstrated financial capacity and ability to provide proper maintenance, health care, education, and care for the adopted child.

1. One who has already been adopted as a son or daughter;

Exception: This restriction shall not apply where the adoption has been annulled according to law.

1. One who is in a higher degree of relationship than the person adopting;
2. One who is not a citizen of Nepal;

Exception: This restriction shall not apply to a non-resident Nepali citizen who has obtained foreign citizenship.

1. Where the difference of age between the adopter and the adoptee is less than twenty-five years;

Exception: This age-difference requirement does not apply if the adoptee is within the relation of three generations of the adopter.

    V.          Procedure for Adoption

The applicable procedure for domestic adoption of child are provided in the table below:

      VI.          Consent Requirements in Specific Circumstances

1. General Rule: Written consent of both parents is required; if only one parent survives, consent of the surviving parent is sufficient.
2. Divorce or Judicial Separation: If the parents are separated, consent must be obtained from the parent with whom the child is living under the separation arrangement.
3. Where Parents Are Not Traced/Deceased/Remarried: Consent may be obtained from the guardian, person, or organization maintaining the child.
4. Child above 10 Years: Written consent of the child is mandatory, given in the presence of the parent or guardian.
5. Voluntariness: Consent must be free, informed, and voluntary, with no financial inducement, and the person giving consent must be informed of the meaning, legal status, and consequences of adoption.

      VII.          Rights and Obligations in Adoption

The rights, entitlements, obligations in relation to adoption pursuant to National Civil Code, 2074 (2017) are provided below:

Disclaimer: This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.

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