Adoption Law in Nepal: A Comprehensive Guide for Prospective Parents

Introduction:

Thinking about adopting a child in Nepal? This guide will help you understand the adoption laws in Nepal and provide essential information for prospective parents.

Adoption in Nepal: A Brief Overview

Adoption is the legal process where a person’s parental rights are transferred to another individual or couple. In Nepal, adoption is governed by the Muluki Civil Code 2074.

1. Types of Adoption:

• Open Adoption: In open adoption, biological parents can stay in contact with their child even after adoption. They retain some legal rights while the child also becomes part of the adoptive family.
• Closed Adoption: In closed adoption, there is no contact between the biological parents and the adoptive parents or child after the adoption is finalized.
  

2. Who Can Adopt?

• Married Couples: Couples who have been married for at least ten years and have no children.
• Unmarried Women: Women over 45 years old, including widows, divorced, or judicially separated women with no children.
• Unmarried Men: Men over 45 years old, including widowers, divorced, or judicially separated men with no children.
  

3. Who Cannot Adopt?

• Individuals with an unsound mind.
• Those convicted of crimes involving moral corruption.
• Individuals without the financial means to support the child’s needs.

4. Who Cannot Be Adopted?

• Children over 14 years of age.
• Only children (the one and only son or daughter of a family).
• Individuals who have been previously adopted.
• Close relatives of the adopter.
• Non-citizens of Nepal (except non-resident Nepali citizens with foreign citizenship).

5. Adoption Process:

• Adopted children have the same rights and responsibilities as biological children.
• If an adopted child has biological siblings, their equal status is preserved.
• Adopted children are required to provide care for their adoptive parents as if they were natural parents.

Inter-Country Adoption in Nepal:

For those interested in adopting a child from Nepal and taking them to another country, here are the key points:

• Definition: Inter-country adoption involves adopting a child from Nepal and raising them in another country.
• Permission: Foreigners can adopt Nepali children but must reside in Nepal or be from a country approved by the Nepali government.
• Legal Provisions: Governed by the Muluki Civil Code 2074.
• Criteria: The Nepali government ensures that the best interests and human rights of the adopted child are protected, preventing abduction, trafficking, or abuse.

Conclusion:

• Adopting a child in Nepal is a significant decision that requires careful consideration and adherence to legal procedures. Prospective parents should consult with legal experts to ensure a smooth and ethical adoption process. For more guidance, seek professional advice to navigate this important journey.

For more information on adoption laws in Nepal, or to get personalized advice contact our legal experts today!