Sunday, July 14, 2024
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The Criteria for Adoption in Nepal

Are you considering adopting a child in Nepal? Starting the adoption journey can be both exciting and overwhelming. Let’s check out the criteria determined for adoption in Nepalese Law.

The legal procedure through which an individual or couple becomes the parent of a child who is not their biological offspring is known as adoption. For a variety of reasons, such as infertility, a desire to grow their family, or a dedication to giving needy children a loving home, we decide to adopt. Adoption provides a means of becoming a parent and gives kids opportunities for development, stability, and love that they might not have otherwise received.

Criteria For Adoption in Nepal

The laws regarding Adoption are provided in our National Civil (Code) Act, 2074. Chapter 8 has provided provisions relating to adoption and we will be looking at the basic criteria mentioned in the law that need to be fulfilled to start the adoption procedure.

Adoption is allowed if:- 

  • We are couples who have not had children even after ten years of marriage.
  • We are unmarried women or men over the age of forty-five, widows, divorcees, or judicially separated without children.
  • We need to be in good financial condition to adopt.

We are not allowed to Adopt if:-

  • We are of unsound mind,
  • We are convicted of criminal offenses involving moral turpitude.
  • We lack the financial capacity to provide for the child’s needs

Additionally, if adoption is being considered by a husband or wife in a joint family, the consent of both spouses is required.

Whom can we not Adopt?

Adoption in Nepal is subject to certain restrictions to ensure the welfare of the child and maintain legal integrity. Children who have reached the age of fourteen, those who are the only child, those who have been previously adopted (unless the adoption was legally annulled), children who are in a higher degree of relationship, and those who are not Nepali citizens cannot be adopted.

However, exceptions exist, such as adoption within three generations of relation or adoption of a child born to the ex-husband of the wife, even if they have reached the age of fourteen can be adopted.

Age Requirement in Adoption

In Nepal, the age difference between the adopter and the adoptee must be at least twenty-five years.

Prohibition on adoption by a person having a child

The law prohibits us from adopting a child of the same gender as our biological child, except in certain circumstances. If we are living separately from our child due to judicial separation. We may be allowed to adopt a child of the same gender.

If we already have a biological child but wish to adopt another child we can file a petition with the court. But needs to demonstrate financial capacity to support the child’s maintenance, healthcare, education, and overall well-being. If the court finds us suitable, they may grant permission for the adoption to proceed.

In the End

If you can fulfill the Criteria for Adoption in Nepal according to the laws you can start the process. But remember to get Legal help as it will ensure a smoother process. And if you want to know more about Adoption do let us know in the comments!

Appsha Digital

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