Adoption in Nepal

Adoption in Nepal is a legally recognized process that creates a parent-child relationship between the adopter and the adopted child. Through adoption, all parental rights and responsibilities are permanently transferred from the biological parents to the adoptive parents. Once finalized, the adopted child becomes a lawful member of the new family with full legal rights, including inheritance, just like a biological child.

At Court Marriage in Nepal Pvt. Ltd., we provide comprehensive legal assistance for child adoption in Nepal. Whether you are a Nepali citizen seeking domestic adoption or exploring inter-country adoption requirements, our experienced lawyers guide you through every step of the process.

Governing Laws for Adoption in Nepal

Child adoption in Nepal is governed by the following laws:

1. Muluki Civil Code, 2074 (Civil Code 2017)

2. Muluki Civil Procedure Rules, 2075

3. An Act Relating to Children, 2075

4. Constitution of Nepal, 2072

Types of Adoption in Nepal

Domestic Adoption

Domestic adoption involves Nepali citizens adopting a Nepali child within Nepal. The application is filed at the District Court mentioning the reasons for adoption along with details of the child to be adopted.

Inter-Country Adoption

Inter-country adoption allows foreign nationals to adopt Nepali children. This process is governed by the Inter-Country Adoption Board (ICAB), Central Child Welfare Board (CCWB), and Ministry of Women, Children and Senior Citizens. The child must stay in a registered child home for at least 6 months before inter-country adoption.

Who Is Eligible to Adopt in Nepal?

Nepal's adoption law outlines clear eligibility rules for adoptive parents:

1. Married couple who has not had a child even after 10 years of marriage

2. Unmarried woman who is at least 45 years old with no son or daughter

3. Widow, divorced woman, or judicially separated woman without children

4. Unmarried man aged 45 or above with no son or daughter

5. Widower, divorced man, or judicially separated man without children

Note: A person who has biological children can also adopt if they file a petition at the District Court and prove financial capability to arrange overall maintenance of the child. The Court may grant permission upon inquiry.

Additional Requirements for Foreign Adopters

Foreign nationals must fulfill the following conditions:

1. Aged between 45 and 55 years

2. Married couples who are childless after 10 years of marriage

3. Single, divorced, or widowed individuals with no biological children

4. Mentally sound and financially capable

5. No criminal record involving moral turpitude in Nepal or abroad

Who Cannot Be Adopted?

Nepal's adoption laws restrict adoption in the following cases:

1. Child who has completed 14 years of age

2. Child who is the only son or daughter of biological parents

3. Child who has been adopted previously

4. Child who shares close blood relationship with the adoptive parent

5. Child who is not a Nepali citizen (Exception: Non-Resident Nepalis with foreign citizenship may adopt)

Age Requirements for Adoption

Maximum Age of Adoptee: Not above 14 years

Age Difference: At least 25 years between adopter and adoptee

Exception: No age restriction within the relation of three generations (grandparents, parents, etc.)

Documents Required for Child Adoption

1. Details and citizenship of the adopting person/parents

2. Birth certificate or citizenship of the child to be adopted

3. Relationship verification document between family members of the child

4. Consent letter of the adopting parents or adopter

5. Consent letter of the adoptee child (if above 10 years)

6. Consent letter of the biological parents of the child

7. Recommendation letter concerning financial status with evidence of property

8. Recommendation letter from the concerned ward office

9. Passport-sized photos (3x3) of adopter, adoptee, and biological parents

10. Deed document of adoption and application for adoption

11. Citizenship copies of witnesses

12. Police clearance report of adopter (notarized)

13. Marriage registration certificate (for couples)

14. Medical recommendation letter from Medical Board (for those who cannot have children)

Adoption Process in Nepal (Domestic)

Step 1: Consultation with adoption lawyer and document preparation

Step 2: Obtain recommendation letter from concerned ward office

Step 3: Obtain consent letters from biological parents and adoptee (if above 10 years)

Step 4: File application at the District Court with all required documents

Step 5: Court verification and inquiry of documents

Step 6: Court decision and issuance of adoption certificate

Step 7: Update records at ward office and obtain new birth certificate

Government Fee and Timeline

Government Fee: NRS 500

Domestic Adoption: Court procedure takes 2 days, maximum 15 days for overall completion with documentation and judgment.

Inter-Country Adoption: Approximately 2 to 3.5 months depending on documentation and verification timelines.

Legal Status of Adopted Child

After legal adoption, the child obtains the following rights:

Equal Status: Same legal status as biological child of adoptive parents

Inheritance Rights: Full rights to inherit property from adoptive parents

Care and Support: Right to receive care, education, respect, and support from adoptive parents

Identity: Child's identity must be preserved and documented

When Adoption Can Be Terminated

Adoption may be annulled under the following conditions:

1. Adopted child fails to fulfill obligations towards adoptive parents

2. Adoptee evicts or abuses the adopter physically or mentally

3. Adoptee misuses property of the adopter

4. Adoptee leaves without consent for 3 years or more

5. Adopter fails to fulfill obligations towards adoptee

6. Adopter is of unsound mind or convicted of morally turpitude crime

7. Written consent was not obtained from child and biological parents at time of adoption

8. Absence of 25 years age difference between adopter and adoptee

Why Choose Us?

Experienced Adoption Lawyers: Our legal team has handled domestic and inter-country adoption cases with successful outcomes.

Complete Legal Support: From document preparation to court representation, we handle all legal aspects.

Liaison Services: We coordinate with District Courts, ward offices, and child welfare authorities on your behalf.

Sensitive Handling: We understand adoption is an emotional journey and handle every case with care and professionalism.

Transparent Process: Clear communication on timelines, requirements, and fees throughout the process.