Child Adoption Process by Foreigners 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 and the child adoption lawyers assist for the adoption process in Nepal.

1.1 Legal meaning of inter-country Child adoption by Foreigners in Nepal

Inter-country adoption in Nepal means if any foreigner accepts a minor or incompetent or a semi-competent person of a Nepali citizen or of a foreigner residing in Nepal as an adopted son or daughter.

Inter-country adoption is where a child who is a citizen or resident of Nepal is adopted by individuals or couples who are citizens or residents of another country.

This process involves legal procedures, regulations, and international agreements to ensure the well-being and protection of the child being adopted.

• Muluki Civil Code, 2074
• Muluki Civil Procedure Rules, 2075
• Convention on the rights of the child (CRC)

• Inter-country Adoption Development Board (ICAB)
• Central Child Welfare Board under the Ministry of Women, Children and Senior Citizens

In the inter-country adoption in Nepal, it will take 3 months to 3 and a half months to complete the overall process for adoption.

• Here, the adoptive parents must have these eligibilities in order to adopt Nepali citizen or foreigner’s child domiciled in Nepal. This criterion acts to provide best interest of the adopted person.

5.1.Eligibility and Non-Eligibility of Foreigner for Inter Country Adoption

5.2. Eligibility of the Nepali Child or the Foreigner’s Child Domiciled in Nepal for Inter-Country Adoption

Note: For a child to be adopted by the foreign adopter, the child mentioned above shall have to stay in the Children's Home for at least 6 months.

Note: All the documents mentioned above is to be written in the English language or to be translated into English language or Nepali language by a competent body.

Child Adoption Process by Foreigners in Nepal

In order for inter-country adoption in Nepal, the foreigner who wants to adopt a Nepali citizen shall consult with an adoption agency in Nepal and must follow the adoption procedures completely. 

Step 1: Formation of the Board “Inter-Country Adoption Board” by the Government of Nepal through notification in Nepal Gazette, which acts as the central agency for granting permission for inter-country adoption from Nepal.

Step 2: Preparation of documents by the foreign adopting parents.

Step 3: Preparation of the application by the foreign adopter, mentioning all the necessary documents.

Step 4: Filing of application to the Board by the foreign adopter for adopting Nepali child or a foreigner’s child domiciled in Nepal, along with the above-mentioned physical copy of required documents.

Step 5:  Application to be filed to the “Inter-Country Adoption Board” in Nepal through the Embassy of their country.

Step 6:  In the absence of an Embassy, the application to be filed through the Embassy designated for Nepal or through the Central Agency of the foreign country which gives permission for adoption.

Step 7: Inquiry to be made by the Board on the application, whether to grant permission for adoption or not

Step 8: If the Board finds it appropriate for a foreigner for adoption, then keeping the applicant’s name and address confidential, the Board forwards the details to the Selection Committee.

Step 9: The Selection Committee shall ascertain that what kind of minor is appropriate for being adopted by the foreigner.

Step 10: Recommends the name of the foreign adopter and the Nepali minor or the child of foreigner domiciled in Nepal to be adopted to the Board

Step 11: Upon receiving the recommendation of the name of the foreign adopter and the child to be adopted from the Selection Committee, the Board once again does the inquiry and if finds appropriate, recommends the same to the Government of Nepal.

Step 12: The Government of Nepal shall grant permission for the adoption of the minor child by the foreign adopter

Step 13: Issuance of a certificate of adoption to the foreign adopter.

Step 14: Information to be given to the Central Agency and the Embassy of the concerned country by the Government of Nepal

8.1. Renowned Foreign Citizen are: 

• Head of State, Head of Government of a foreign country,
• Head of an international inter-governmental organization,
• A noble prize winner,
• A person earning over $300,000 annually.

As the Inter-country Adoption Board is established for adoption process for foreigner to adopt Nepali citizen here in Nepal, this Board performs certain function for the best interest of the adopted person as well other related matters about adoption.

Functions of the Board:

• Develop inter-country adoption policies and advise the Government of Nepal on their implementation.
• Prevent unfair advantages in adoption exchange.
• To specify the form of application to be filed for adoption
• Prevent child abuse, trafficking, and harm in adoption.
• Perform additional tasks on intercountry adoption as needed.
• Suggest adoption fee guidelines to Nepal’s government.
• Ensure confidentiality of adoption records for minors and parents.
• Facilitate agency coordination for inter-country adoptions.
• Provide necessary information on adopted children’s status to relevant foreign agencies.

The legal status and rights of the adopted son/daughter adopted from Nepal by a foreign citizen are equally subject to laws and rules of both Nepal and the adoptive citizen’s country. The legal status somehow depends on the agreements between Nepal and the adoptive foreign country. 

Some of the considerable legal status of the adopted child in a foreign country are as follows:

For child adoption for Nepalese couple (Domestic child adoption) visit our link https://lawinpartners.joomni.com/publication/child-adoption-process-in-nepal-and-child-adoption-lawyer-in-nepal/

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