Adoption in Nepal: Legal Process, Requirements, and Responsibilities Under the Muluki Civil Code 2074

Adoption in Nepal is a legal process where parental responsibility for a child is transferred to persons other than the biological parents. It aims to provide care, protection, and a nurturing family environment for the child. Governed by Chapter 8 of the Muluki Civil Code 2074, the law ensures clear guidelines for both adopters and adoptees to safeguard the rights and well-being of all parties involved. Adoption serves the dual purpose of fulfilling the parental aspirations of childless individuals or couples and offering orphans and abandoned children an opportunity for a better life.

Eligibility Criteria for Adopters

To qualify as an adopter in Nepal, certain conditions must be met:

• Couples who have been married for at least ten years without having a child.

• Unmarried women aged 45 or above, including widows, divorcees, or judicially separated women without children.

• Unmarried men aged 45 or above, including widowers, divorcees, or judicially separated men without children.

Disqualifications for Adopters

Individuals who cannot adopt include:

• Persons of unsound mind.

• Those convicted of criminal offenses involving moral turpitude.

• Individuals lacking the financial capacity to provide adequate maintenance, health care, education, sports facilities, entertainment, and overall care for the child.

Requirements and Eligibility for Adoptees

Adoptees must meet specific criteria:

• Must have completed fourteen years of age.

• Should not have been adopted previously, except in cases where prior adoption was annulled legally.

• Cannot be within a close degree of relationship with the adopter (higher than three generations).

• Must be a citizen of Nepal; however, this excludes non-resident Nepali citizens holding foreign citizenship.

Age Difference Between Adopter and Adoptee

There must be at least a 25-year age gap between the adopter and adoptee, except when the adoption involves relatives within three generations, where this rule does not apply.

Legal Procedure for Adoption in Nepal

• Written consent is mandatory from both biological parents if available. In cases where parents are separated or divorced, consent must come from the parent living with the child.

• If the child is above 10 years, their written consent is required.

• Adoption petitions must be filed with the concerned court after fulfilling all legal criteria.

• The adopted child gains the same rights, obligations, and responsibilities as a biological child of the adopter.

• However, the adopted child cannot claim a share in the biological parents' property unless the adoption is annulled.

Rights and Obligations of Adoptive Parents

Adoptive parents are legally bound to:

• Provide for the child’s maintenance, health care, education, sports, and entertainment, as per their social status and capacity.

• Protect the rights and interests of the adopted child.

• Exercise parental authority as defined under Chapter 5 of the Muluki Civil Code 2074.

Responsibilities of the Adopted Child

Adopted children must:

• Take care of their adoptive parents in terms of maintenance, health care, and overall welfare, similar to a biological child’s duty.

• Manage and protect the property of the adoptive parents responsibly.

• Safeguard the rights and interests of the adoptive parents.

Surname Rights of the Adopted Child

Grounds and Conditions for Annulment of Adoption

Adoption may be annulled if:

• The adopted child fails to fulfill their obligations.

• The child subjects the adoptive parent to physical or mental abuse or expels them from the home repeatedly.

• The child misuses the property of the adoptive parent.

• The child lives separately without consent from the adoptive parent for three or more years.

Adoption as a Protective and Legal Measure

In Nepal, adoption is a regulated legal process designed to protect the rights and welfare of both the child and the adoptive parents. The Muluki Civil Code 2074 provides a detailed framework covering eligibility, consent, rights, responsibilities, and grounds for annulment. Through this law, Nepal ensures adoption fulfills its true purpose — offering a loving family and security to children while respecting the rights and duties of adoptive families.