Table of Contents
Adoption in Nepal is a legal process where parental responsibility for a child is taken by persons other than the biological parents, providing care, protection, and a family environment to the child. Governed by Chapter 8 of the Muluki Civil Code 2074, it lays down comprehensive guidelines for both adopters and adoptees to ensure the well-being of all parties concerned. Adoption is the means of satisfying the needs of childless individuals or couples while providing orphans and abandoned children with an opportunity for a better life. It is designed through legal formalities, consent, and mutual obligations to uphold the rights and responsibilities of both adoptive parents and adopted children.
Requirements for the adopter
- A couple to whom no child has been born even up to ten years of the marriage,
- An unmarried woman having completed forty-five years of age, a widow, divorcee woman or judicially separated woman, having no son or daughter,
- An unmarried man who has completed forty-five years of age, a widower, divorcee, or judicially separated man, and has no son or daughter.
Rejected for being an adopter
- One who is of unsound mind,
- One who is convicted by the court of a criminal offense involving moral turpitude,
- One who does not have the financial capacity to afford maintenance, health care, education, sports facility, entertainment, and care of the minor.
Requirements for being an adoptee.
- One who has completed fourteen years of age,
- One who is the only son or daughter,
- One who has been once adopted as a son or daughter, this rule shall not apply where the adoption is annulled according to law.
- One who is in a higher degree of relationship than the person adopting the son or daughter,
- One who is not a citizen of Nepal, this rule shall not apply to a non-resident Nepali citizen who has obtained foreign citizenship.
Requirements regarding age difference between adopter and adoptee is at least 25 years but this rule shall not apply in case of adoption of a person within the relation of three generations.
Process of Adoption in Nepal
- While initiating adoption, the adopter shall obtain the consent of both the father and mother of such a child who is being adopted. If the father and mother are separated because of dissolution of marriage or judicial separation then consent should be obtained from the father or mother with whom the adoptee has been living.
- Written consent of a child above 10 years shall be obtained.
- A person desiring an adoption shall make a petition to the concerned court by fulfilling the legal requirements.
- The rights, obligations, and responsibilities of an adopted son or daughter shall be the same as that of a biological son or daughter of an adoptive person.
- An adopted son or daughter shall not be entitled to claim partition share in the property belonging to his or her biological father and mother. If the adoption is annulled, he or she may claim a partition share in the property belonging to his or her biological father and mother.
Adoptive person's obligations
- To make arrangements for the maintenance, health care, sports, entertainment, and proper education of the adopted son or daughter according to his or her reputation and capacity as if he or she were his or her biological son or daughter,
- To protect the rights and interests of the adopted son or daughter,
- To exercise the authority as referred to in Chapter 5 of Muluki Civil Code,2074 i.e. parental authority.
Obligations of adopted son or daughter
- To make arrangements for the maintenance, health care and care of the adoptive person according to his or her reputation and capacity as if such person were his or her natural father or mother,
- To protect, look after, and properly manage the property of the adoptive person,
- To protect the rights and interests of the adoptive person.
The surname of the adopted son or daughter:
- An adopted son or daughter may use the surname of either or both of the adoptive father and mother.
- If an adopted son or daughter so desires, he or she may use also the surname of his or her biological father or mother.
- If the adoption is annulled, his or her surname shall be that of his or her biological father or mother.
Condition for annulment of adoption.
- If the adopted son or daughter fails to fulfill the obligations,
- If the adopted son or daughter expels him or her from home or subjects him or her to physical or mental torture, from time to time,
- If the adopted son or daughter misuses his or her property,
- If the adopted son or daughter leaves him or her and lives separately without his or her consent for three years or more.
In Nepal, the adoption process is regulated in accordance with Chapter 8 of the Muluki Civil Code 2074, which specifies the legal and procedural aspects of child adoption. It has specified the eligibility criteria for both adopters and adoptees to safeguard the best interest of both parties. The adopters are required to fulfill the marital status, age, and financial capacity criteria, whereas the adoptees have age and relationship criteria with the adopters. The process requires written consent and court petitions for the finalization of adoption. The adopted child is entitled to equal rights and responsibilities similar to biological offspring, with certain restrictions on property claims. Adoption can be annulled on specific grounds, providing mutual responsibilities and protections.