Adoption in Nepal: Legal Process, Eligibility, and Parental Rights

Adoption in Nepal is a legal and social process through which a person or couple assumes the parental rights and responsibilities of a child who is not biologically their own. It provides the child with care, protection, and a secure family environment while giving childless individuals or couples the opportunity to experience parenthood. The process ensures the welfare and best interests of both the adopter and the adoptee through well-defined legal provisions. The framework governing adoption in Nepal is contained in Chapter 8 of the Muluki Civil Code, 2074 (2017), which specifies the procedures, qualifications, rights, and duties related to adoption.

Adoption not only fulfills the emotional needs of families who cannot have children but also gives orphans and abandoned children a chance to grow up in a nurturing environment. It is based on legal consent, mutual obligations, and adherence to specific requirements to ensure that the adopted child enjoys the same rights, dignity, and opportunities as a biological child.

Eligibility and Requirements for Adopters

The Muluki Civil Code defines clear eligibility criteria for those wishing to adopt a child in Nepal. Only individuals or couples who meet these conditions can be legally recognized as adoptive parents.

1. Couples without a child: A married couple who have been unable to have a child even after ten years of marriage may adopt a child.
2. Unmarried women: An unmarried woman who has completed forty-five years of age and has no biological son or daughter is eligible to adopt.
3. Widowed, divorced, or judicially separated women: Women in these categories who do not have children are also permitted to adopt.
4. Unmarried men: An unmarried man who is forty-five years or older and has no son or daughter may adopt.
5. Widowed, divorced, or judicially separated men: Such men without children can also apply for adoption.

These requirements ensure that adoption is undertaken by responsible individuals who are emotionally mature and financially capable of raising a child.

However, certain individuals are disqualified from adopting a child under the law. Adoption shall not be granted to:

• Persons who are of unsound mind or mentally incapable of fulfilling parental duties,
• Persons who have been convicted of a criminal offense involving moral turpitude, or
• Persons who lack financial stability to provide for the maintenance, education, health care, sports, and overall welfare of the adopted child.

These restrictions are meant to protect the child’s best interests and ensure that they are placed in a safe, stable, and nurturing home environment.

Requirements for the Adoptee (Child to be Adopted)

The Muluki Civil Code also establishes specific criteria that a child must meet to be eligible for adoption.

1. The child must be below fourteen years of age.
2. A child who is the only son or daughter of his or her parents cannot be adopted.
3. A child who has already been adopted once cannot be adopted again, except in cases where the previous adoption has been legally annulled.
4. A child who is closely related to the adopter in a degree higher than three generations cannot be adopted.
5. A child who is not a Nepali citizen cannot be adopted, except in the case of non-resident Nepali citizens who have obtained foreign citizenship.

Additionally, there must be a minimum age difference of twenty-five years between the adopter and the adoptee. However, this rule does not apply if the adoption takes place within three generations of relation (for example, between an uncle and nephew or aunt and niece).

Legal Procedure of Adoption in Nepal

The adoption process in Nepal is legal and formal, requiring both procedural compliance and consent from the concerned parties.

1. Consent of biological parents:

   When a child is to be adopted, the adopter must obtain the written consent of both biological parents. If the parents are divorced or judicially separated, the consent must come from the parent with whom the child resides.

2. Consent of the child:

   If the child to be adopted is above ten years of age, their written consent is also mandatory. This ensures that the child’s wishes are respected and that adoption occurs with their understanding and agreement.

3. Filing of petition:

   The individual or couple wishing to adopt must file a petition before the concerned district court, fulfilling all legal requirements and submitting necessary documents that prove eligibility.

4. Court verification and approval:

   The court examines the eligibility of both the adopter and the adoptee, ensuring that all legal conditions are satisfied before issuing a final adoption order.

Once the adoption is legally approved, the child is recognized as the legitimate son or daughter of the adoptive parents. The adopted child acquires the same rights, duties, and inheritance privileges as a biological child. However, an adopted child cannot claim a partition share in the property of his or her biological parents. If the adoption is later annulled according to the law, the child regains the right to claim a share in the property of the biological parents.

Obligations of Adoptive Parents

Adoptive parents assume the same responsibilities as biological parents toward their adopted children. According to the Muluki Civil Code, their key obligations include:

• Providing for the maintenance, education, health care, and overall welfare of the child according to their means and social standing,
• Ensuring that the child’s rights and interests are safeguarded, and
• Exercising parental authority as specified in Chapter 5 of the Muluki Civil Code.

These obligations emphasize that adoption is not merely a legal act but a lifelong moral and emotional commitment to the child’s well-being.

Obligations of the Adopted Son or Daughter

Just as parents have duties toward the adopted child, the child also has obligations toward the adoptive parents. The law requires that the adopted child:

• Takes responsibility for the care, maintenance, and health of the adoptive parents,
• Protects and properly manages the property of the adoptive parents, and
• Respects and safeguards the rights and dignity of the adoptive family.

Thus, the relationship between the adoptive parents and child is reciprocal, based on mutual respect and shared responsibilities, just like a natural parent-child relationship.

Use of Surname by the Adopted Child

The law gives flexibility regarding the surname of an adopted child:

• The child may use the surname of either or both adoptive parents.
• If the adopted child wishes, they may also continue using the surname of their biological parents.
• In the event that the adoption is annulled, the child will resume the surname of their biological father or mother.

This provision ensures the child’s identity is preserved while allowing them to integrate fully into their new family.

Annulment of Adoption

Adoption, once finalized, can be revoked or annulled under specific circumstances as outlined in the Muluki Civil Code. The adoptive parent may apply for annulment if:

• The adopted child fails to fulfill their legal obligations,
• The adopted child expels the adoptive parent from the home or subjects them to physical or mental abuse,
• The adopted child misuses the adoptive parent’s property, or
• The adopted child abandons the adoptive parent and lives separately for three or more consecutive years without consent.

Upon annulment, the child loses all legal rights, including inheritance rights, in the adoptive family and reverts to their biological status under the law.

The adoption process in Nepal, as detailed in Chapter 8 of the Muluki Civil Code, 2074, is designed to protect the best interests of both children and adoptive parents. It clearly outlines the eligibility criteria, legal procedures, and mutual obligations to ensure fairness, accountability, and emotional stability within the adoptive relationship. Adoption not only provides childless individuals with the joy of parenthood but also offers neglected and orphaned children a chance for a better future.

By mandating court approval, financial capability, and consent requirements, the law ensures that adoption is carried out responsibly and in compliance with human rights principles. The Code recognizes adopted children as equal to biological ones, granting them similar rights and duties within the family while maintaining certain property restrictions to protect biological ties.

Ultimately, adoption in Nepal is both a legal commitment and a humanitarian act. It reflects the nation’s dedication to safeguarding children’s welfare, promoting family harmony, and ensuring that every child grows up in a loving and supportive environment.