Chapter 8 of the Civil Code, 2074 ‘Provisions Relating to Adoption’ provides legal provision on adoption. Section 169 says that if a person accepts a son or daughter of another person as his or her son or daughter, then such son or daughter are adopted son or daughter.
As per section 170, adoption is to be made for the best rights and interest protection of the child.
Section 171 says that no person shall adopt son if he or she has own son and no person shall adopt a daughter if he or she has his or her own daughter. But if a man or woman is living separately by taking partition share in accordance with law may adopt a son or a daughter.
Following person may adopt a child according to section 172:
But in the following person cannot effect adoption:
Section 173 says that adoption is not effected of the following persons:
The age difference between the adopter and the adoptee should be at least 25 years. The adoption procedures need to be met like deed of the adoption, fulfillment of the legal requirements as per section 177.
Section 178 says that the entitlements, rights, obligations and responsibilities of an adopted son or daughter shall be the same as that of a biological son or daughter of the adoptive person. The son or daughter may use the surname of either or both of the adoptive father and mother. if the adopted son or daughter desires, he or she may use the surname of his biological father or mother. after the annulment of the adoption, the surname of the minor shall be of his biological father or mother.
According to section 180, the adopted son or daughter cannot claim partition share in the property of his or her biological father and mother. If the adoption is annulled then, he or she may claim the partition from his or her biological parents. And if he or she has already obtained such partition then, he or she may receive such property as well.
Obligation of adoptive person
Section 181 makes provision for the obligation of the adoptive person as following:
Obligations of adopted son or daughter
Section 182 says that the obligations of the adopted son or daughter are as following:
The following adoption are ipso facto void:
If an adoptive person fails to fulfill his or her obligation, then such adoption may be annulled.
Termination of adoption
The void and voidable adoption are deemed to have been terminated.
Inter- Country adoption
Chapter 9 makes legal provision on Inter- Country Adoption. If any foreigner accepts a child/ minor of a Nepali citizen or of a foreigner domiciled in Nepal as an adopted son or daughter, it shall be deemed to be accepted as an inter- country adoption. Section 190 says that Government of Nepal shall consider whether or not the best interests of the minor will be ensured in granting for adoption, his or her human rights will be protected and such a child will be abducted, sold trafficked or otherwise abused. The following children who have stayed in a children home for at least 6 months may be adopted by a foreigner:
Section 193 provides for an Inter- Country Board which act as central agency that recommends for granting permission to a foreigner for adoption. The foreigner who wants to adopt should also be eligible and certain legal procedures have to be fulfilled for the process. The eligibility of such person are provided in section 192 whereas the procedures to be done are given in section 194.
The time limitation to file a lawsuit against any act done contrary to this chapter shall be within one year after the date on which such an act was done or an action was taken.