Conditions and Procedures made to provide Nepalese Children to Foreign Nationals for Adoption
Whereas, it is expedient to make necessary conditions and procedures to provide Nepalese children to foreign nationals for adoption.
Now, therefore, in exercise of the powers conferred by No.12 A. of the Chapter on Adoption of the country Code (Muluki Ain),
His Majesty's Government has prescribed the following conditions and procedures:
1. Acceptance may be given to foreign national to adopt boy / girl child. His Majesty's Government may give acceptance to any of the following foreign nationals to adopt a Nepali boy / girl child as adopted son / daughter:-
(a) a couple having completed four years of their marriage,
(b) an unmarried, woman, widow, divorcee or legally separated woman having attained the age of thirty five years but not crossed the age of 55 years, and not having any offspring.
2. Acceptance may be given to foreign national having offspring to take Nepali boy / girl child on adoption: Even though a foreign national as referred to in clause I above has his own children, His Majesty's Government may give acceptance to such foreign national who has a son to adopt a girl child and who has a daughter to adopt a boy child.
Provided, however, that no acceptance shall be given to such national who has the boy child to adopt a boy child and who has the girl child to adopt a girl child.
3. Twins and children from one family may be given to one and the same family:
Notwithstanding anything contained in clause 2 above, His Majesty's Government may, if one and the same person desires to adopt the twins or two children of one family, give acceptance to adopt them as adopted son / daughter accordingly.
4. Difference in age:
No acceptance to adopt Nepali children as adopted son / daughter shall be given to any foreign national unless there is a minimum difference of the age as mentioned below:-
(a) The difference in age between the adopted boy / girl child and the adoptive foreign national shall be twenty-five years in minimum.
(b) in case the foreign national who has adopted boy / girl child has offspring of his own, the age of the adopted boy / girl child shall be less than that of his such offspring.
5. Children to be allowed to give for adoption as adopted son / daughter: His Majesty's Government may give approval to a foreign national to adopt the following children only:
(a) Orphan children,
(b) Any children whose parents, mother or guardian has wished, at their own will, to give them for adoption
6. Orphan children:
Only the following children who have lived for at least 35 days in the orphanage recognized by His Majesty's Government shall be considered as orphans for the purpose of following clause (a) of clause 5.
(a) Both of whose parents are dead,
(b) Whose father has died and mother has eloped with another person,
(c) Whose father is untraced, mother became unable to nourish and maintain, (d) Children found unclaimed by the police in streets and enrolled in orphanage, (e) Whose mother disappeared from the hospital after giving birth,
7. Documents relating to children and updated records there of :
(1) While enrolling an orphan child as referred to in clause 6 in the orphanage, the following documents relating to such child shall have to be kept up. Dated-
(a) Duplicate copy of identification card of the person, who has brought the child to the orphanage and deed executed by the person stating that such child is an orphan,
(b) Regarding the child brought to enroll into an orphanage from government hospital, letter of the concerned governmental hospital, which has certified such statement,
(c) Regarding the child found unclaimed in streets by the police, certification letter given by the concerned District Administration Office with the fact that such child is an orphan.(2) Regarding the child enrolled into an orphanage pursuant to clauses (a), (b) and (c) of sub-section (1), the name of the person, organization and governmental office who has brought such child to an orphanage for enrollment and the photograph of the child, date of enrollment, statement of age of the child as well as other necessary documents by receiving from the Police Headquarters shall have to be published by the concerned orphanage in the Gorakhaptra or any other national level newspaper within one week of enrollment of such child.(3) The notice to be published in the newspaper as referred to in sub-clause (2) shall prescribe a time limit of twenty one days and state inter alia that information as to whether the child brought to an orphanage for enrollment claiming of being orphans is really an orphan or not, whether or not they have parents, whether or not they have movable or immovable property has to be given, otherwise such children shall be recommended to the Ministry of Women, Children and Social Welfare of His Majesty's Government for giving to any foreign national for adoption as adopted son / daughter. (4) In case no information or claim has been received within the time limit as published in the notice as referred to in sub-section (3) or even though information or claim has been received and found to be baseless by getting decided such mater, the concerned orphanage shall have to keep such decision up-dated.
8. Children desirous of being granted in adoption with own will: In case the concerned parents, mother or guardian give consent to give the following children to foreign national in adoption with their own will, His Majesty's Government may give acceptance to the foreign national to accept such children as adopted son / daughter.
(a) Both of whose parents are dead,
(b) Father has died and mother has eloped with another person,
(c) Child born to unmarried mother or whose father is untraced and if the mother of such child is unable to nourish and maintain,
(d) a child living with a married or window whose husband has married another woman or who has been banished by her father and mother in-law from the house without providing her with food and clothes and who is unable to maintain more than one child,
(e) one out of the husband and wife has done family planning, there are two or more than two sons / daughters, they are very poor and unable to nourish and maintain their children.
9. To submit application:
(1) In case any foreign national wants to take in adoption a Nepali child as adopted son / daughter subject to other provisions as mentioned in these Conditions and Procedures, he may submit an application, setting out the following matters, to His Majesty's Government through Nepal Children's Organization in the case of children living with it and concerned District Administration Office, in the case of children falling under conditions as referred to in section 8 and of other orphanage: -
(a) Certified letter given by a doctor of the concerned country stating that one of the spouses desirous of adopting a child is unable to produce offspring due to health and physical condition.
Explanation:- For the purposes of this clause, the certificate given by the Nepal Medical Board shall also be recognized,
(b) marriage registration certificate,
(c) family statement,
(d) statement regarding the health,
(e) statement regarding the character,
(f) statement of economic condition,
(g) statement of passport and visa,
(h) letter of consent given by the concerned country or authorized officer from that country or organization to adopt a Nepali child.
(i) in the case of a person who is unmarried, divorced, legally separated, window or whose wife is dead, authorized evidence thereof shall have to be submitted,
(j) a guarantee letter written by the government of the country of such foreign national or Embassy of such country in Nepal, confirming that the foreign national who is taking the child in adoption shall bear the whole responsibility including nourishment and education of the child. (2) On the basis of being unable to nourish and maintain the children under conditions as referred to in clause 8, the concerned parents, mother or guardian may submit an application to the concerned District Administration Office or orphanage with their consent to give their children to foreign national in adoption. (3) While submitting an application with consent pursuant to sub-clause (2), the following documents shall also be enclosed therewith-
(a) photograph and photocopy of the birth registration certificate of the child desirous of being given in adoption,
(b) photocopy of the citizenship certificate of parents or guardian,
(c) reason for giving the child in adoption,
(d) recommendation of the concerned Village Development Committee or Municipality
10. Inquiry and Recommendation: After receiving application pursuant to sub-clause (1) or (2) of clause 9, if the concerned District Administration Office or Nepal Children's Organization, upon getting necessary information, finds that the content of the application is true, it shall recommend to the Ministry of Women, Children and Social Welfare, His Majesty's Government to give such children to foreign national in adoption.
11. His Majesty's Government to decide to give in adoption:
(1) In case a recommendation to give in adoption is received from the concerned District Administration Office or Nepal Children's Organization pursuant to clause 10, His Majesty's Government shall take necessary decision to send such children with foreign national in adoption on the recommendation of the committee constituted by His Majesty's Government for this purpose.
(2) Prior to taking decision pursuant to sub-clause (1), His Majesty's Government may, if it thinks proper, hold necessary inquiry with the concerned foreign national, orphanage and Nepali citizen desiring to give in adoption or require necessary documents from them.
12. To submit statement: Every foreign national adopting Nepali children by receiving approval of His Majesty's Government under these Conditions and Procedures, shall until such children attain majority, submit statements relating to their nourishment, education and health to the concerned orphanage, Royal Nepalese Embassy or Mission located in the concerned country and Ministry of Women Children and Social Welfare of His Majesty's Government each year.
13. Monitoring and Reporting:
(1) There shall exist an adopted children monitoring committee under the Nepal Children's Organization to monitor the condition of their nourishment, education and health until the children adopted by obtaining the approval of His Majesty's Government pursuant to these Conditions and Procedures attain majority and that committee shall comprise the representative of the concerned Ministry of His Majesty's Government as well as such representatives as prescribed by the Nepal Children's Organization. The monitoring committee shall submit a visit report by making monitoring visit to the Ministry of Women, Children and Social Welfare, His Majesty's Government.
(2) In the monitoring visit programme made pursuant to sub-clause (1), the Nepal Children's Organization shall include the Royal Nepalese Embassy abroad, Foreign Mission, non-governmental organizations engaged in the field of children, journalists and the representatives of the concerned Ministries of His Majesty's Government.
(3) For the monitoring visit programme pursuant to sub-clause (1), every adoptive parent of the Nepali adopted child shall pay the fee as prescribed by the Nepal Children's Organization to the Organization as a fee for monitoring.
(4) The Nepal Children's Organization shall submit statement of the fees so collected pursuant to sub-clause (3) and expenditure thereof to the Ministry of Women, Children and Social Welfare each year.
14. Statement to be made available:
(a) This Ministry shall make available to the concerned Royal Nepalese Embassy or Mission abroad, through the Ministry of Foreign Affairs, details of the adopted sons and daughters and bio-data of the foreign adoptive parents. (b) The foreign national, after taking a Nepali child in adoption, shall submit the said statements and details to the Royal Nepalese Embassy or Mission located in his country.
(c) Until the adopted son / daughter gets majority, the Royal Nepalese Embassy or Mission shall, on the basis of the documents submitted by the adoptive parents and details made available by this Ministry, submit a monitoring report as to whether or not the nourishment, education and health of the adopted son / daughter is in accordance with the conditions to the Ministry of Women, Children and Social Welfare.
Constitution of the Recommendation Committee for adoption:
His Majesty's Government shall constitute and adopted son / daughter recommendation committee as follows to make necessary recommendation to the Ministry of Women, Children and Social Welfare upon inquiring and examining the application and documents as to whether application for adoption has been made in accordance with these terms and procedures and the prevailing law in respect of giving / taking adoption by His Majesty's Government and to or not to give in adoption.
15. Joint Secretary (Ministry of Women, Children and Social Welfare) - Coordinator
Representative (Joint Secretary level) Ministry of Home Affairs - Member
Representative (Joint Secretary level) Ministry of Law, Justice and Parliamentary Affairs - Member
Representative, Federation of Non-Governmental Organizations for Children, Nepal - Member
Under Secretary, Legal Consultancy Section (Ministry of Women, Children and Social Welfare) -Member Secretary