Child Adoption Process by Foreigners in Nepal – Child Adoption Lawyer in Nepal
This article explains the each steps and required documents and other legal process of Child adoption process by foreigners in Nepal.
1. Introduction to Child Adoption by Foreigners in Nepal- Child Adoption Lawyer 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 inter-country Child adoption by Foreigners in Nepal:
Inter-country adoption in Nepal means if any foreigner accepts a minor or incompetent or semi-competent person of a Nepali citizen or of a foreigner residing in Nepal as an adopted son or daughter.
Inter-country adoption is that 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.
2. Governing Laws for inter-country Child adoption from Nepal
- Muluki Civil Code, 2074
- Muluki Civil Procedure Rules, 2075
- Convention on the rights of the child (CRC)
3. Governing authority for inter-country Child adoption from Nepal
- Inter-country Adoption Development Board (ICAB)
- Central Child Welfare Board under the Ministry of Women, Children and Senior Citizens
4. Time required for inter-country adoption in Nepal
In the inter-country adoption in Nepal, it will take 3 months to 3 and half months to complete the overall process for adoption.
5. Criteria of inter-country adoption from Nepal
- 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
|S.N||Eligibility of the Nepali Child or the foreigner’s child domiciled in Nepal to be adopted|
|1.||A child found by the police and the parents of the child being unknown.|
|2.||An abandoned child in a hospital or health facility|
|3.||A child with untraceable parents|
|4.||An orphaned child with no inheritance for support|
|5.||That child, where a mother is remarried after the father’s death or disappearance and the custody of the child being given to the Children home by the mother.|
|6.||Those children, when a mother cannot afford support if having multiple children upon the disappearance, death or due to unsound mind of father and the custody of those children being given to the children home by the mother.|
|7.||Those children, when a father cannot afford support if having multiple children upon the disappearance, death or due to unsound mind of mother and the custody of those children being given to the children home by the father.|
|8.||An orphan child having no property and whose custody is being given to the children home by the guardian or curator of such child.|
Note: For a child to be adopted by the foreign adopter, the child mentioned above shall have to stay in the Children Home for at least 6 months.
6. Documents Required for inter-country Child adoption in Nepal
Documents required for inter-country adoption in Nepal are as follows;
|1.||Birth registration certificate of the adopting foreigner.|
|2.||Passport copy of the adopting foreigner.|
|3.||A marriage certificate of the foreign adopter|
|4.||A medical certificate verifying the adopter’s health|
|5.||An income and property certification of the adopter.|
|6.||Details of to be adopted child’s age, sex and more.|
|7.||A character certificate from the adopter’s home country, confirming for no convictions for morally turpitude crime.|
|8.||Home study and psychology report of the foreign adopter.|
|9.||Consent letter from the foreign adopter’s home country for adopting from Nepal|
|10.||A government or Embassy letter ensuring equal legal status for the adopted child as a biological child in the foreign adopter home country.|
|11.||A government or Embassy letter ensuring the legal qualification and financial capability of the foreign adopter to adopt and care for the child as per their country’s law.|
|12.||Recently taken photograph of the foreign adopter.|
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.
7. How can foreign citizens adopt a child from Nepal? The Inter-country procedure for adopting a Nepali Child or the Child of Foreigners Domiciled in Nepal
Child Adoption Process by Foreigners in Nepal:
In order for inter-country adoption in Nepal, the foreigner who wants to adopt the Nepali citizen shall consult with adoption agency in Nepal and must follow adoption procedures completely. Some steps follow as;
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 absence of Embassy, 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 done of the application by the Board 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: Government of Nepal shall grant permission for the adoption of the minor child by the foreign adopter
Step 13: Issuance of 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. Inter-country Child adoption from Nepal for renowned foreign citizen:
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.
9. Functions of the Inter-Country Child Adoption Board:
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.
10. Legal Status of the adopted child
The legal status and rights of the adopted son/daughter adopted from Nepal by the foreign citizen are equally subjected to laws and rules of both the 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 foreign country are as follows:
11. Obligations of adopter and adoptee towards each other.
For child adoption for Nepalese couple (Domestic child adoption) visit our link https://lawinpartners.com/publication/child-adoption-process-in-nepal-and-child-adoption-lawyer-in-nepal/
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