Adoption Process in Nepal: Domestic and Inter-Country Adoption Guidelines

Introduction: Adoption as a Legal Framework for Child Welfare

Adoption represents one of the most profound legal mechanisms for protecting vulnerable children and facilitating family formation. Unlike custody or guardianship—which involve care and control of a child—adoption creates a new, permanent legal relationship between a child and adopting parents, with full legal consequences as if the child were born to them. An adopted child has the same inheritance rights, succession claims, and family status as a biological child of the adoptive parents.

For children without parental care—whether orphaned, abandoned, or relinquished due to family inability to provide—adoption offers protection, stability, and permanent family belonging. For prospective adoptive parents unable to have biological children, adoption fulfills the desire to parent and provide family.

Nepal's adoption law has evolved significantly, particularly with the enactment of the Civil Code 2074 (effective from Magh 3, 2074 BS, equivalent to November 18, 2017 AD), which provided comprehensive, modernized adoption procedures reflecting international standards and the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption (to which Nepal is a signatory).

The adoption legal framework in Nepal exists to serve the child's best interests. It balances:

• Protection of vulnerable children lacking parental care;
• Respect for biological parents' relinquishment decisions;
• Assurance that adoptive parents are suitable and committed;
• Compliance with international standards, particularly for inter-country adoptions.

For lawyers, adoption practitioners, social workers, and court officials, understanding adoption law in Nepal—both domestic and inter-country dimensions—is essential for facilitating adoptions that genuinely serve children's welfare.

Part 1: Foundational Concepts and Legal Framework

1.1 Definition and Legal Consequences of Adoption

Adoption is a legal process by which a person (or married couple) takes a child not born to them as their own legal child, with all the rights, duties, and consequences that flow from biological parent-child relationships.

Legal Consequences of Adoption:

Upon completion of adoption, the following legal consequences occur:

1. Termination of Biological Relationships: The adopted child's legal relationship with biological parents (or guardians) is terminated. The biological parents no longer have parental authority, rights, or duties. They do not inherit from the child; the child does not inherit from them (except in specified circumstances).

2. Creation of New Parent-Child Relationship: A new legal parent-child relationship is created between the adopting parents and the child. This relationship is as complete and permanent as a biological parent-child relationship.

3. Change of Name: The child's name typically changes to reflect the adoptive family. The name change becomes part of the adoption decree.

4. Succession and Inheritance Rights: The adopted child has full succession and inheritance rights as if born to the adoptive parents. Upon the adoptive parents' death, the adopted child inherits equally with any biological children of the adoptive parents.

5. Family Relationships: The child becomes a full member of the adoptive family, with all relationships (siblings, aunts, uncles, grandparents) as if born to the family.

6. Nationality: An adopted child typically acquires the nationality of the adoptive parents (if Nepali) or retains their original nationality depending on law.

7. Irreversibility: Adoption is permanent and irreversible. Once a final adoption decree is issued, it cannot be revoked simply because the parties change their minds. Only in extraordinary circumstances (fraud, coercion) can an adoption be set aside.

1.2 Historical Context and Modern Reform

Pre-2074 Law: Prior to the Civil Code 2074, Nepal's adoption provisions came from the Muluki Ain and various statutes. These provisions were less developed and did not clearly address inter-country adoption or modern safeguards.

Key Gaps in Old Law:

• Limited procedures for inter-country adoption;
• Insufficient protection against child trafficking and exploitation;
• Limited role for the state/courts in ensuring child welfare;
• Lack of clear procedures for consent and relinquishment;
• Limited post-adoption follow-up or reporting.

Civil Code 2074 Reforms:

• Comprehensive adoption procedures (domestic and inter-country);
• Establishment of the Inter-Country Adoption Board as regulatory body;
• Clear procedures for relinquishment and consent;
• Requirement for home studies and suitability assessments;
• Alignment with Hague Convention standards;
• Enhanced protection against child trafficking;
• Post-adoption follow-up requirements.

1.3 Adoption vs. Related Concepts

Adoption vs. Guardianship: Guardianship provides care, control, and management of the child but does not create a parent-child relationship. A guardian does not inherit from the child; the child does not inherit from the guardian (though guardianship can continue until majority). Adoption creates permanent parent-child status.

Adoption vs. Foster Care: Foster care is temporary care by non-parental persons, with the expectation that the child will eventually return to biological parents or move to another arrangement. Adoption is permanent.

Adoption vs. Legitimate (Recognition): If an unmarried man acknowledges paternity of a child he fathered, the child may be legitimated (recognized as his child). This is different from adoption.

Part 2: Domestic Adoption

2.1 Eligibility of Adoptive Parents—Domestic Adoption

The Civil Code 2074 sets out eligibility requirements for adoptive parents.

Age and Marital Status:

• Adoptive parents must be at least 25 years old.
• Adoptive parents can be:
  • A married couple (both at least 25);
  • A single person (at least 25 years old).
• The age difference between the adopted child and the adoptive parent should generally be at least 16 years, though this can be waived if the adopter is a close relative.

Capacity and Fitness:

• Adoptive parents must have legal capacity (sound mind, not under guardianship for incapacity).
• Adoptive parents must be suitable to adopt as determined by investigation. Unsuitability factors include:
  • Criminal history, especially involving crimes against children, violence, or moral turpitude;
  • Active substance abuse or mental illness that impairs parenting;
  • Demonstrated inability to support a child financially;
  • History of child abuse or neglect;
  • Inability to provide a safe, stable home environment.

Financial Capacity:

• Adoptive parents must demonstrate capacity to provide for the child's physical, educational, and social needs.
• The requirement is not wealth but adequacy—the parent must be able to provide for basic needs and education.
• Courts recognize that modest-income families can adopt if they commit to providing adequately.

Marital Stability and History:

• For married couples, the marriage must be stable.
• Courts may consider history of divorce or separation, though this is not automatically disqualifying.
• For unmarried individuals, the court assesses whether the person can provide stability.

Motivation and Commitment:

• Prospective parents must demonstrate genuine commitment to parenting the specific child.
• Motivations based on child labor or exploitation, or on obtaining inheritance through fraudulent means, disqualify the adoption.
• Courts assess whether the prospective parents understand the commitment adoption requires and are prepared to meet it.

2.2 Eligibility of Children—Domestic Adoption

Age and Legal Status:

• Generally, adoptable children are minors (under 18 years).
• The child must be legally available for adoption, meaning:
  • The biological parents have relinquished parental rights; or
  • The biological parents are deceased or unknown; or
  • The child is abandoned.

Children in State Care:

• Children in state orphanages, child welfare homes, or other institutional care are eligible for adoption.
• The state (represented by the welfare institution or court) stands in place of the biological parents in facilitating adoption.

Children of Relinquishing Parents:

• If a biological parent voluntarily relinquishes parental rights for adoption, the child becomes adoptable.
• Relinquishment must be done through proper legal procedures with informed consent.

Children of Deceased Parents:

• If both parents are deceased, the child is adoptable.
• If one parent is living and unwilling to relinquish, adoption cannot proceed without that parent's consent (unless the parent's rights have been terminated).

2.3 Consent and Relinquishment Procedures—Domestic Adoption

Informed Consent Requirement:

• Biological parent(s) consenting to adoption must give informed consent—understanding fully what adoption means, the consequences, and alternatives.
• Consent cannot be coerced, purchased, or obtained through fraud or deception.

Procedure for Relinquishment:

1. Counseling: The biological parent(s) should receive counseling explaining:

   • What adoption means and its permanence;
   • Alternatives to adoption (guardianship, foster care, parenting support);
   • Rights being relinquished and cannot be recovered;
   • Potential for future contact with the child (if applicable).

2. Written Relinquishment: The parent(s) sign a written relinquishment document, typically before a court or authorized official. The document should specify:

   • Identity of the child;
   • Identity and consent of the biological parent(s);
   • That consent is informed and voluntary;
   • The date and place of consent;
   • Signatures witnessed by appropriate officials.

3. Time for Reflection: Some jurisdictions provide a time period (e.g., 15-30 days) after initial relinquishment during which the parent(s) can revoke consent. After this period, relinquishment becomes final.

4. Finalization of Relinquishment: Once the time for revocation expires, relinquishment is final and parental rights are terminated.

Validity Challenges:

• A relinquishment can be challenged if obtained through fraud, coercion, or lack of understanding.
• The burden is on the party challenging to prove invalidity.
• Courts are protective of relinquishments and require clear evidence of invalidity.

2.4 Domestic Adoption Process—Procedural Steps

Step 1: Application and Investigation

• Prospective adoptive parents file an application with the District Court or appropriate authority.
• A social worker investigates the prospective parents' suitability through:
  • Home study (visiting the home, assessing environment);
  • Background checks (criminal, financial, social);
  • Interviews with family members, employers, references;
  • Assessment of capacity to parent.

Step 2: Matching

• The child available for adoption is identified.
• Attempts are made to match the child with suitable prospective parents.
• The suitability of the specific match (considering the child's needs and the parent's capacity) is assessed.

Step 3: Pre-Adoption Foster Placement (if applicable)

• In some cases, the child is placed in the prospective parents' care for a trial period before final adoption.
• This allows the child and parents to bond and assess compatibility.
• The duration is typically a few weeks to several months.

Step 4: Petition to Court

• Once the social worker's investigation is complete and the placement is successful, the prospective parents petition the court for adoption.
• The petition includes:
  • Identification of the prospective parents and the child;
  • Social worker's report and recommendation;
  • Evidence of relinquishment (if applicable);
  • Evidence of suitability of the match;
  • Proposed name of the child post-adoption.

Step 5: Court Hearing

• The court conducts a hearing where:
  • The prospective parents and social worker testify or provide evidence;
  • The biological parent(s) (if alive and present) may be heard;
  • The court assesses the best interests of the child;
  • The court determines whether to grant adoption.

Step 6: Adoption Decree

• If the court is satisfied, it issues an adoption decree that:
  • Grants the prospective parents complete parental authority;
  • Changes the child's legal name (if applicable);
  • Terminates biological parents' rights (if applicable);
  • Declares the child a legal member of the adoptive family.

Step 7: Registration and Finalization

• The adoption decree is registered with the appropriate authorities.
• A new birth certificate (or adoption certificate) is issued showing the adoptive parents as parents.

2.5 Timeline and Costs

Duration: A domestic adoption typically takes 6 months to 2 years depending on:

• Complexity of determining the child's legal status;
• Thoroughness of the investigation and home study;
• Court backlog;
• Any challenges or complications.

Costs: Costs vary but may include:

• Social worker fees for home study and investigation;
• Counseling fees;
• Court filing fees;
• Legal representation fees (if counsel is engaged);
• In Nepal, domestic adoptions generally cost significantly less (potentially NPR 50,000 - 5,00,000) than inter-country adoptions.

Part 3: Inter-Country Adoption

3.1 Legal Framework and International Conventions

Hague Convention on Intercountry Adoption: Nepal is a signatory to the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption (1993). This international treaty establishes standards for inter-country adoption to:

• Prevent child trafficking and abuse;
• Ensure adoptions serve the child's best interests;
• Establish cooperation between countries;
• Create procedures for legitimate inter-country adoptions.

Nepal's Obligations:

• Establish a Central Authority (Inter-Country Adoption Board) to supervise inter-country adoptions;
• Require accreditation of adoption agencies;
• Establish procedures ensuring child welfare and parent suitability;
• Provide post-adoption follow-up;
• Cooperate with other countries' authorities.

Reciprocal Obligations for Adopting Countries:

• Prospective parents from countries that are Hague Convention signatories must comply with Nepal's procedures and standards.
• The adopting country's Central Authority must cooperate with Nepal's Inter-Country Adoption Board.

3.2 The Inter-Country Adoption Board

Establishment and Authority: The Inter-Country Adoption Board (established under the Civil Code 2074) is the governmental body responsible for regulating and overseeing inter-country adoptions in Nepal.

Functions:

• Accreditation of Agencies: The Board accredits foreign adoption agencies and intermediaries seeking to work with Nepali children.
• Approval of Individual Cases: The Board reviews and approves inter-country adoptions on a case-by-case basis.
• Determination of Child's Best Interests: The Board assesses whether adoption by specific foreign parents serves a particular child's best interests.
• Supervision of Processes: The Board ensures that relinquishment, consent, and matching processes meet legal standards.
• Post-Adoption Follow-Up: The Board receives post-adoption reports and assesses the child's welfare.

Membership: The Inter-Country Adoption Board typically comprises representatives of:

• Government (Ministry of Women, Children, and Social Welfare);
• Courts;
• Social workers and child welfare experts;
• Civil society organizations focused on child welfare;
• Sometimes, representatives of child protection organizations.

3.3 Eligibility of Foreign Adoptive Parents

Age and Marital Status:

• Foreign adoptive parents must meet Nepal's requirements:
  • At least 25 years old;
  • Married couple or single person;
  • Age difference of at least 16 years from the child (waivable for relatives).

Country of Residence:

• The adoptive parents must reside in a country that:
  • Is a signatory to the Hague Convention (or follows equivalent standards), or
  • Has ratified or recognized adoption treaties with Nepal.

Suitability Assessment:

• Foreign prospective parents must undergo a home study and suitability assessment conducted in their country of residence.
• The home study should assess:
  • Criminal background;
  • Financial stability;
  • Marital stability (if married);
  • Motivation for adoption;
  • Capacity to provide a safe, stable home;
  • Ability to support the adopted child.

Home Study Standards:

• The home study should be conducted by a qualified social worker in the prospective parents' country.
• The Inter-Country Adoption Board reviews the home study for adequacy. If deficient, it may be rejected or require supplementation.

3.4 Inter-Country Adoption Process

Step 1: Agency Accreditation

• Foreign adoption agencies seeking to facilitate adoptions in Nepal must first be accredited by the Inter-Country Adoption Board.
• Accreditation requires:
  • Submission of agency information and qualifications;
  • Proof of compliance with home country laws and Hague Convention standards;
  • Financial and operational transparency;
  • References and track record.

Step 2: Prospective Parent Registration

• Foreign prospective parents register with an accredited agency.
• They complete a detailed application including:
  • Identification and biographical information;
  • Medical histories;
  • Financial information;
  • References;
  • Home study from a qualified social worker in their country.

Step 3: Home Study Submission to Nepal

• The home study is submitted to Nepal's Inter-Country Adoption Board (often through the accredited agency).
• The Board reviews the home study for adequacy and compliance with standards.

Step 4: Application to Nepal

• The accredited agency submits to the Inter-Country Adoption Board:
  • Application of the prospective parents;
  • Home study;
  • Supporting documents;
  • Request for approval to consider the parents for a particular child (or request to be linked with an available child).

Step 5: Linking and Approval

• The Inter-Country Adoption Board identifies a child in Nepal's care who is adoptable and suitable for the prospective parents.
• The Board assesses:
  • Whether the specific parents are suitable for the specific child;
  • Whether the adoption serves the child's best interests;
  • Whether the child is legally available for adoption.
• The Board issues an approval letter for the specific adoption.

Step 6: Relinquishment and Consent in Nepal

• The biological parent(s) consent to adoption by the specific foreign parents.
• This consent is obtained through proper procedures in Nepal with counseling and witnessed documentation.

Step 7: Court Proceedings in Nepal

• The prospective parents (or their legal representative) petition the District Court for adoption.
• A court hearing is conducted where:
  • The Inter-Country Adoption Board's approval and assessment are presented;
  • Evidence of the child's availability and relinquishment (if applicable) is presented;
  • The court determines the adoption is in the child's best interests;
  • The court issues an adoption decree.

Step 8: Foreign Court Proceedings (if required)

• In some countries, the adoption must also be finalized through the adoptive parents' home country courts.
• This may involve:
  • Filing the Nepali adoption decree with the home country courts;
  • Seeking recognition and confirmation of the adoption;
  • Obtaining final decree in the home country.

Step 9: Passport and Travel Documentation

• Once the Nepali adoption is finalized, the child is issued a Nepali passport (if not already held).
• The child is registered as a member of the adoptive parents' family.
• Travel documentation is arranged for the child to leave Nepal and travel to the adoptive parents' country.

Step 10: Post-Adoption Follow-Up

• The adoptive parents are required to provide post-adoption follow-up reports to Nepal's Inter-Country Adoption Board at specified intervals (e.g., 6 months, 1 year, 2 years after adoption).
• Reports should document the child's adjustment, health, education, and overall welfare.
• The Inter-Country Adoption Board may make site visits or contact the families to assess the child's welfare.

3.5 Timeline and Costs for Inter-Country Adoption

Duration: Inter-country adoption typically takes 18 months to 3 years or longer depending on:

• Time to identify a suitable child;
• Time for home study and Board approval;
• Court proceedings in Nepal;
• Foreign country procedures;
• Travel and documentation arrangements.

Costs: Inter-country adoption typically involves significant costs including:

• Agency fees (often substantial, ranging from USD 5,000 - 20,000+);
• Home study fees;
• Court and legal fees in Nepal;
• Travel costs (prospective parents traveling to Nepal);
• Visa, passport, and immigration fees;
• Total costs can range from USD 10,000 - 40,000+ depending on agency and country.

3.6 Red Flags and Protections Against Trafficking

Risks in Inter-Country Adoption:

• Child trafficking and exploitation (children stolen or coerced into "adoption");
• Profit-driven agencies prioritizing fees over child welfare;
• Falsification of documents or relinquishment;
• Inadequate home studies or suitability assessment;
• Post-adoption neglect or abuse with no recourse.

Safeguards Built Into Hague Convention Framework:

1. Central Authority Oversight: Each country has a Central Authority overseeing all inter-country adoptions, reducing opportunities for private trafficking networks.

2. Accreditation of Agencies: Only accredited agencies can facilitate adoptions, and accreditation requires demonstrated competence and ethics.

3. Home Studies: Comprehensive home studies before approval reduce placement of children with unsuitable parents.

4. Periodic Court Reviews: Courts conduct proceedings rather than allowing purely private arrangements.

5. Post-Adoption Follow-Up: Ongoing monitoring after adoption allows detection of abuse or neglect.

6. Bilateral Cooperation: Countries cooperate to verify information and prevent fraud.

Red Flags for Prospective Parents:

• Agencies promising quick adoptions at unusually low costs;
• Pressure to move quickly without proper procedures;
• Vague information about the child's background;
• Lack of accreditation or transparency;
• Promises that post-adoption follow-up can be avoided;
• Pressure to pay large sums upfront without clear explanation;
• Reluctance to conduct thorough home studies.

Part 4: Relinquishment and Consent—Detailed Procedures

4.1 Informed Relinquishment

Standard for Validity: For relinquishment of a child for adoption to be valid, it must be:

• Informed: The biological parent understands what they are agreeing to, the permanence, and the consequences.
• Voluntary: Free from coercion, pressure, or duress.
• Knowing: The parent has been provided full information about alternatives and the implications.

Procedure for Ensuring Informed Consent:

Counseling Session: A qualified social worker or counselor should meet with the biological parent(s) to discuss:

• What adoption means and its irreversibility;
• The biological parent's rights being terminated;
• That the child will have no legal connection to the biological parent(s) after adoption;
• Inheritance and succession consequences;
• Alternatives to adoption (parenting with support, guardianship by relatives, foster care);
• Grief and loss associated with relinquishment;
• Any ongoing relationship with the child (if applicable, though typically none in Nepal);
• The prospective adoptive parents (general information about them, their country, etc.).

Documentation of Understanding: After counseling, the biological parent(s) sign a document indicating they:

• Understand the nature and consequences of adoption;
• Have considered alternatives;
• Freely and voluntarily consent to adoption;
• Have no further claim on the child.

Timeline:

• Some jurisdictions provide a waiting period (e.g., 15-30 days) after initial consent during which the parent can revoke consent.
• After the waiting period expires, consent becomes irrevocable.

4.2 Revocation of Relinquishment

Grounds for Revocation: A biological parent may revoke relinquishment if:

• The revocation occurs within any statutory time period for revocation (if one exists);
• The parent can demonstrate the relinquishment was obtained through fraud or coercion;
• The parent proves they did not understand the implications.

Burden and Standard: The parent seeking to revoke bears the burden of proving invalidity. Courts are protective of final relinquishments and require strong evidence of invalidity.

Consequences of Successful Revocation: If revocation is granted before final adoption, the child is returned to the biological parent(s) and adoption does not proceed. If adoption is final, courts will not typically revoke it even if relinquishment is later found to have been defective, because it would be too disruptive to the adopted child.

4.3 Biological Parents Without Capacity

Minors as Biological Parents: A minor who gives birth cannot relinquish parental rights without consent from their own parents or guardian. The relinquishment of a minor parent must be facilitated by their guardian.

Parent with Mental Incapacity: A biological parent who lacks legal capacity (is mentally ill, intellectually disabled, or under guardianship for incapacity) cannot validly relinquish unless they have been properly assessed as understanding the implications, or their legal guardian consents to the relinquishment.

4.4 Single Biological Parent or Disputed Paternity

Unmarried Mother: An unmarried mother can unilaterally consent to adoption of her child without the father's consent (unless the father has legally acknowledged paternity and sought parental rights).

Unmarried Father with Paternity: An unmarried man who has legally acknowledged paternity has parental rights and his consent (or a court order terminating his parental rights) is required for adoption.

Unknown or Absent Father: If the father is unknown or has made no claim to paternity, the mother alone can consent to adoption.

Disputed Paternity: If there is a dispute about paternity, this must be resolved before adoption proceeds. The presumed or adjudicated father has parental rights and his consent is required.

Part 5: Post-Adoption Rights and Responsibilities

5.1 Adoptive Parents' Rights and Duties Post-Adoption

Full Parental Authority: Upon finalization of adoption, the adoptive parents have complete parental authority as if the child were born to them, including:

• Right to custody and physical care;
• Right to make decisions about education, medical care, religious upbringing;
• Right to discipline and guide the child;
• Right to represent the child legally;
• Right to consent to the child's marriage (until age of consent).

Duty to Support and Maintain: Adoptive parents have the full duty to maintain the child until majority and beyond if the child has special needs.

Succession and Inheritance: Upon the adoptive parent's death, the adopted child has full inheritance rights as if born to the parent.

Right to Change Name: Adoptive parents typically change the child's name to reflect their family. The new name is legally recognized.

5.2 Adopted Child's Rights Post-Adoption

Legal Status: Upon adoption, the child has:

• Full legal status as a child of the adoptive parents;
• All rights and privileges of a biological child;
• Succession rights in the adoptive parents' estate;
• Right to acquire adoptive parents' nationality (if applicable).

Access to Medical Information: The adopted child should have access to basic medical and genealogical information about biological parents if available, to support healthcare decisions and sense of identity.

Confidentiality: Typically, adoption records are confidential. The child and adoptive parents may have a right to access records, but biological parents' identity may be kept confidential unless they have agreed otherwise.

Right to Know: Many modern adoption frameworks recognize the child's right to know they are adopted. Hiding adoption from the child can harm their sense of identity and relationships if later discovered.

5.3 Post-Adoption Follow-Up and Reporting

Domestic Adoption:

• Courts may order periodic follow-up, particularly if there were concerns about the adoption.
• Social workers may visit periodically in the first years after adoption to ensure the child's welfare.

Inter-Country Adoption:

• The Inter-Country Adoption Board requires post-adoption reports at specified intervals.
• Reports should document:
  • The child's health and development;
  • Educational progress;
  • Adjustment to the family and country;
  • Overall welfare;
  • Photographs or evidence of the child's wellbeing.

Enforcement and Remedies:

• If the Inter-Country Adoption Board's post-adoption reports reveal abuse, neglect, or serious maladjustment, the Board can:
  • Order additional oversight;
  • Require counseling or support services;
  • In extreme cases, petition for reversal of adoption (though this is rare and disruptive).

5.4 Biological Parents' Status Post-Adoption

Termination of Rights and Duties: Upon finalization of adoption, the biological parents:

• Lose all parental authority and rights;
• Are relieved of all duties to support the child;
• Have no inheritance rights from the child;
• Cannot petition for custody or visitation.

Exceptions and Ongoing Relationships:

• In some adoptions, particularly among relatives, ongoing relationships with biological family may be maintained by agreement or family custom.
• However, this is not a legal right and depends on the adoptive parents' willingness to facilitate it.

Access to Information:

• Biological parents may have a right to receive information that the child is healthy and thriving, but this depends on the adoption arrangement.
• Some adoptions provide for periodic exchange of non-identifying information (general updates on health, education, etc.).

Part 6: Special Situations and Variations

6.1 Adoption by Relatives (Kinship Adoption)

Definition: Kinship adoption occurs when a relative of the child (grandparent, aunt, uncle, sibling, etc.) adopts the child.

Relaxed Requirements:

• The age difference requirement may be waived for relatives.
• The home study or investigation may be less extensive if the relative has an established relationship with the child.
• Consent requirements may be simplified if the biological parent consents for the relative to adopt.

Advantages:

• The child remains within the family.
• The child maintains connection to biological relatives.
• The process can be faster and less costly than non-relative adoption.

Challenges:

• Family dynamics and expectations may complicate the adoption.
• Other relatives may object to the adoption.
• The relative may have limited financial resources.

6.2 Adoption of Children with Special Needs

Definition: Children with special needs include those with:

• Physical disabilities;
• Developmental disabilities;
• Mental health conditions;
• Chronic medical conditions;
• Significant behavioral challenges;
• Age (older children are considered "special needs" in adoption because they are harder to place).

Modifications to Process:

• The home study focuses on assessing the prospective parents' capacity to meet the child's specific needs.
• Prospective parents may receive training or counseling on managing the child's condition.
• Post-adoption support may include access to counseling, medical services, and educational resources.

Incentives:

• Some jurisdictions provide subsidies or tax credits to prospective parents adopting children with special needs, to offset additional costs of care.

6.3 Adoption of Abandoned Children

Determination of Abandonment: A child is deemed abandoned if:

• The child is found without identification;
• The parents are unknown;
• The parents have made no attempt to claim the child within a specified period (e.g., 6 months to 1 year);
• Public notice has been given and no one has claimed the child.

Adoption Without Parental Consent: Once a child is declared abandoned, adoption can proceed without biological parents' consent, because the parents' rights have been terminated by operation of law.

Protection of the Child: Before declaring abandonment and proceeding with adoption, authorities should:

• Make reasonable efforts to locate the parents;
• Provide notice to the public;
• Allow time for parents to come forward.

6.4 Adoption by Same-Sex Couples

Legal Status: The Civil Code 2074 does not explicitly prohibit adoption by same-sex couples, though there is limited case law on the issue. Adoption by same-sex couples faces practical obstacles:

• Some judges may have personal or cultural objections;
• Home studies may reflect bias;
• Social attitudes may be negative.

International Considerations: For inter-country adoption, if the prospective parents are from a same-sex couple in Nepal, this may face significant obstacles and prejudice from foreign adoption authorities.

Advocacy and Reform: Child welfare advocates argue that sexual orientation should not disqualify prospective parents; the focus should be on capacity to provide a stable, loving home. Some courts have recognized this principle, though inconsistently.

Part 7: Dissolution and Revocation of Adoption

7.1 When Adoption Can Be Revoked

Adoption is normally permanent and irreversible. However, in exceptional circumstances, it can be set aside:

Grounds for Revocation:

1. Fraud or Duress: The adoption was obtained through fraudulent misrepresentation or duress. Examples:

   • The relinquishment was obtained through coercion of the biological parent(s);
   • The prospective parents misrepresented their identity, capacity, or intentions;
   • Documents were forged.

2. Child's Identity Misrepresentation: The child adopted was not the actual child meant to be adopted (identity mix-up).

3. Fundamental Breach: The adoptive parents have severely breached their post-adoption obligations, particularly regarding the child's welfare.

7.2 Burden and Standard for Revocation

• The party seeking to revoke adoption bears the burden of proof.
• The standard is typically clear and convincing evidence—strong evidence of the grounds for revocation.
• Courts are very reluctant to revoke adoption because doing so destabilizes the child's legal status and family relationship.
• Revocation is considered only in exceptional cases where justice clearly requires it.

7.3 Consequences of Revocation

If revocation is granted (a rare occurrence), the consequences include:

• The adoption decree is voided;
• The parental relationship is terminated;
• The child's name reverts to original (unless changed in other legal proceedings);
• Custody of the child is determined (typically returned to biological parents if living and suitable; otherwise, to the state).
• Property and inheritance consequences must be sorted out retroactively.

7.4 Dissolution vs. Revocation

Revocation refers to setting aside the adoption itself (voiding the adoption decree).

Dissolution more commonly refers to termination of the parent-child relationship through different legal means (such as a child petitioning to terminate parental rights upon reaching majority, though this is not the same as voiding the adoption itself).

In practice, once adoption is final, the relationship is permanent; dissolution through voluntary legal termination of parental rights (as might occur with biological parents) is not available.

Part 8: Practical Guide for Lawyers and Adoption Professionals

8.1 Checklist for Domestic Adoption Cases

Initial Assessment:

• Confirm the child is legally available for adoption (biological parents consent or parental rights are terminated).
• Obtain full medical and social history of the child.
• Identify any siblings and whether they are being adopted together.
• Determine the child's cultural, religious, and community background.

Prospective Parent Assessment:

• Verify age (at least 25) and legal capacity.
• Conduct or obtain criminal background check.
• Assess financial capacity (recent tax returns, employment verification).
• Determine marital status and stability.
• Identify any prior relationships with the child or child-welfare concerns.

Biological Parent Procedures:

• Confirm biological parents' identity and legal status.
• Arrange counseling to ensure informed consent.
• Obtain written relinquishment with proper witnessing.
• Confirm any waiting period for revocation has passed.
• Verify no basis for challenging validity of relinquishment.

Investigation and Home Study:

• Assign social worker to conduct home study.
• Home study should include home visit, interviews, background checks.
• Assessment of suitability should specifically address the match with this child.
• Obtain social worker's recommendation for or against adoption.

Court Filing and Hearing:

• Prepare complete petition with supporting documents.
• Ensure all required documents and evidence are attached.
• File with appropriate District Court.
• Arrange court hearing and testimony.
• Present evidence of child's availability, parents' suitability, and child's best interests.

Post-Judgment:

• Obtain final adoption decree.
• Register adoption with appropriate authorities.
• Arrange issuance of new birth certificate or adoption certificate.
• Change child's name if applicable.
• Complete any required post-adoption follow-up reporting.

8.2 Checklist for Inter-Country Adoption Cases

Pre-Referral:

• Ensure Inter-Country Adoption Board exists and is functioning.
• Identify accredited agencies authorized to work with Nepal.
• Verify prospective parents meet eligibility requirements.
• Obtain or arrange home study in prospective parents' country.
• Submit home study and supporting documents to Inter-Country Adoption Board.

Referral and Matching:

• Inter-Country Adoption Board links prospective parents with available child.
• Prospective parents receive information about the child.
• Board assesses suitability of the match.
• Board issues approval for the specific adoption.

Nepal Court Proceedings:

• Obtain relinquishment from biological parent(s) with proper procedures.
• File adoption petition with District Court.
• Ensure Inter-Country Adoption Board's approval is presented to court.
• Conduct court hearing with evidence of suitability and child's best interests.
• Obtain final adoption decree.

Passport and Travel Documentation:

• Register adoption with vital statistics authority.
• Apply for passport for the child.
• Arrange travel visa and documentation for the child to exit Nepal.
• Prepare documentation for entry into the prospective parents' country.

Foreign Country Procedures:

• Determine if foreign country requires additional procedures (court finalization, etc.).
• Submit Nepali adoption decree to foreign authorities.
• Obtain any additional recognition or decree required.
• Complete immigration and family law requirements in the foreign country.

Post-Adoption:

• Obtain addresses in adoptive parents' country for ongoing communication.
• Schedule follow-up reports at required intervals.
• Maintain contact with Inter-Country Adoption Board.
• Collect and review post-adoption reports to ensure child's welfare.

8.3 Protecting Against Trafficking and Exploitation

Red Flags in Adoption Arrangements:

• Excessive fees or pressure to pay large sums upfront.
• Vague information about the child or the relinquishment process.
• Lack of proper documentation or missing documentation.
• Pressure to move quickly without proper procedures.
• Reluctance to conduct home studies or background checks.
• Agencies or individuals without proper licensing or accreditation.
• Lack of access to the child or inability to verify the child's wellbeing.

Protective Measures:

• All inter-country adoptions should be coordinated through the Inter-Country Adoption Board.
• Only accredited agencies should be used.
• Thorough home studies and suitability assessments should be mandatory.
• Relinquishment should be done with counseling and proper procedure, not coerced.
• Post-adoption follow-up should be mandatory and monitored.
• Penalties for fraud or trafficking should be enforced.

Part 9: Comparative and International Perspectives

9.1 Hague Convention Best Practices

The Hague Convention's best practices include:

• Central Authority Coordination: All inter-country adoptions go through governmental Central Authorities, reducing opportunities for private trafficking.
• Accreditation and Oversight: Adoption agencies and professionals are accredited and monitored.
• Home Studies: Comprehensive pre-adoption assessment of prospective parents.
• Consent Procedures: Informed, voluntary consent to adoption; rights to revoke during specified periods.
• Post-Adoption Follow-Up: Ongoing monitoring to ensure child's welfare and identify problems.
• Cooperation Between Countries: Information sharing and cooperation to prevent fraud and trafficking.

9.2 Variations in International Adoption Law

Different countries have varying standards:

• Time to Adoption: Some countries' procedures are faster; others take years.
• Openness: Some jurisdictions allow ongoing contact between biological and adoptive families; others maintain strict confidentiality.
• Fees: Fee structures vary significantly.
• Special Needs Support: Some countries provide ongoing subsidies and support for adoptions of children with special needs; others do not.

9.3 Nepal's Role in the International Adoption System

Nepal is:

• A source country for inter-country adoption (children from Nepal are adopted by families abroad).
• A signatory to Hague Convention, requiring compliance with international standards.
• Generally open to inter-country adoption as a welfare option for abandoned and orphaned children.
• Working to strengthen protections against trafficking through the Inter-Country Adoption Board.

Part 10: Current Issues and Challenges in Nepali Adoption

10.1 Capacity and Resources of the Inter-Country Adoption Board

Challenge: The Inter-Country Adoption Board faces capacity constraints:

• Limited staffing and resources;
• Backlog of cases;
• Difficulty maintaining consistent standards across complex cases.

Impact: Delays in adoptions, potential for inconsistent decision-making, risk that some cases may not receive adequate scrutiny.

10.2 Trafficking Risks

Ongoing Concern: Child trafficking remains a risk in inter-country adoption in Nepal:

• Economic desperation of biological parents;
• Sophisticated trafficking networks;
• Potential for falsification of documents;
• Profit motive for some adoption facilitators.

Response: Strengthened procedures, more rigorous accreditation, increased oversight, and cooperation with international authorities are needed.

10.3 Availability of Adoptable Children

Declining Availability: The number of healthy infants available for adoption in Nepal has declined due to:

• Increased family planning and reduced birth rates in some segments;
• Improved social support and welfare services reducing relinquishment;
• Increased domestic demand for adoption.

Impact: Inter-country adoption may involve older children or children with special needs, or prospective parents may experience longer wait times.

10.4 Cultural and Social Stigma

Challenge: Adoption, particularly inter-country adoption, faces cultural stigma in some Nepali communities:

• Children adopted by foreign families may face community attitudes;
• Biological parents relinquishing children may experience shame;
• Some communities view inter-country adoption negatively.

Need for Education: Education and awareness-raising about adoption benefits and normalizing adoption in Nepali culture is needed.

Conclusion: Adoption as a Legal Framework for Child Welfare

Adoption represents one of the most profound legal mechanisms for child protection and family formation. Nepal's adoption law, particularly as reformed through the Civil Code 2074, reflects a commitment to:

• Protecting vulnerable children without parental care;
• Facilitating permanent, stable family placements;
• Ensuring that prospective parents are suitable and committed;
• Complying with international standards;
• Preventing child trafficking and exploitation.

For lawyers, judges, social workers, adoption agencies, and other professionals engaged in adoption, understanding both the technical requirements and the child welfare principles underlying adoption law is essential. The goal of adoption law is not administrative efficiency but the welfare of children—ensuring that every adopted child is placed in a safe, loving, permanent family where they can thrive.

As Nepal's society evolves, adoption will likely play an increasing role in providing family for children without parental care. The effectiveness of adoption in serving this purpose depends on rigorous adherence to legal standards, commitment to the child's best interests, and cooperation between governmental, non-governmental, and international actors to prevent abuse and trafficking while facilitating legitimate, welfare-serving adoptions.