Legal aspects in child adoption: Introduction, Importance, Adoption act of Nepal, Role of a Pediatric Nurse and Pediatrician, Provisions Relating to Adoption , Steps for Adoption, Documents required for adoption

1. LEGALASPECTS
IN
CHILD ADOPTION
PREPARED BY : SHALINI MEHTA
DEPARTMENT OF CHILD HEALTH NURSING

2. 8/20/2020SHALINI MEHTA
Introduction
2

3. DEFINATION
• Adoption is a process whereby a person assumes
the parenting for another and, in so doing,
permanently transfers all rights and
responsibilities from the original parent or
parents.
• In simple it’s a legal process in which future
parents create a relationship with a child where it
did not exist.
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4. WHY CHILD ADOPTION IS
IMPORTANT?
•To control population explosion
• To provide a better future to the existing
population.
• To save life of a Child.
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5. IMPORTANCE…
• To avoid any kind of treatments to those who
cannot conceive; Treatments may affect peoples
health and also save the costs involved in it.
• To provide a good Family.
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6. ADOPTION ACT OF NEPAL
• According to the adoption rules of the
Government in Nepal, infertile couples married
for four years or even single women, widow,
divorcee are eligible to adopt a child.
• The age difference between the adopted child
and the parent should be not less than 35 and not
more than 55 years.
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7. ADOPTION ACT OF NEPAL…
Only one child of each sex is allowed for
adoption except in the cases of twins.
 If the willing adoptive parent has his/her own
offspring, in that case, acceptance to adopt a
child of another sex can be granted and in this
case the adopted child should age less than the
offspring.
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8. ADOPTION ACT OF NEPAL…
An application has to be submitted to adopt a Nepali son
or a daughter.
 In case of married couples, the application should also
include the infertility report, marriage certificate, family
and economic condition statement, health, character
certificates, copies of passport and visa and a letter of
consent to adopt a Nepali child authorized by the officer
of the concerned country.
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9. ADOPTION ACT OF NEPAL…
• In the case of unmarried, divorced, windowed
single parent, a guarantee letter written by the
government of his/her country or the Embassy of
his/her country in Nepal has to be submitted
confirming that he/she who is taking the child in
adoption shall bear the whole responsibility
including nourishment and education of the child
including the authorized evidence. 8/20/2020SHALINI MEHTA 9

10. ADOPTION ACT OF NEPAL…
• Upon the approval of adoption, the child could
travel to the country of the adoptive parents.
Until the adopted child attains majority, the
adoptive parent should inform 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, in writing, on the child’s
growth, diet, education and health every year.
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11. ADOPTION ACT OF NEPAL…
• The Royal Nepalese Embassy or Mission will
also, on the basis of the documents submitted by
the adoptive parents and information sent by the
Government of Nepal, submit a monitoring
report confirming the growth, diet, education and
health of the adopted son/daughter, until he/she
attains majority, is in accordance with the
conditions to the Ministry of Women, Children
and Social Welfare.
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12. ROLE OF A PEDIATRIC NURSE AND
PEDIATRICIAN
• Counsel and teach adoptive parents about the
process of adoption
• Teach parents who wish to relinquish their child
due to any reason, the correct procedure and do
not leave children in public places or in
unhealthy surroundings as this is unsafe and
traumatizing;
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13. ROLE OF A PEDIATRIC NURSE AND
PEDIATRICIAN…
• Discourage private adoptions, since these are illegal.
• Examine carefully babies brought from placement
agencies, and explain a realistic diagnosis and prognosis
to the adoptive parents
• Repeat all essential tests that have a window period
(HIV: hepatitis B) after 3--6 months, before placement.
• Provide a supportive attitude to encourage adaptive
parents to overcome their fears.
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14. PROVISIONS RELATING TO
ADOPTION
1. To be deemed adopted son or adopted daughter
2. Adoption to be effected in a manner to protect the best
interests of child
3. Prohibition on adoption by person having child
4. Adoption may be effected
5. Adoption not to be effected
6. Difference of age between adopter and adoptee
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15. PROVISIONS RELATING TO ADOPTION…
6. Consent to be obtained for adoption
7. Adoption deemed to have been effected by couple
themselves
8. Procedures for effecting adoption
9. Entitlements and rights of adopted son or daughter
10. Surname of adopted son or daughter
11. Not allowed to claim partition share of father and
mother
12. Adoptive person's obligations
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16. PROVISIONS RELATING TO ADOPTION…
13. Obligations of adopted son or daughter
14. Facility of visit and making correspondences
to be provided
15. Adoption to be void
16. Voidable adoption
17. Termination of adoption
18. Statute of limitation 8/20/2020SHALINI MEHTA 16

17. PROVISIONS…
1. To be deemed adopted son or adopted
daughter: If a person accepts a son or
daughter of another person as his or her
son or daughter, such a son or a daughter
shall be deemed to be an adopted son or
daughter.
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18. 2. Adoption to be effected in a manner to
protect the best interests of child: In
effecting adoption pursuant to this Act,
adoption shall be effected in a manner to
protect the best rights and interests of the
child.
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19. 3. Prohibition on adoption by person
having child:
(1) No person having his or her own son shall adopt a
son and no person having his or her own daughter
shall adopt a daughter pursuant to this Chapter.
(2) Notwithstanding anything contained in sub-section
(1), if a son or daughter does not live with a man or
woman who is living separately by the reason of
judicial separation, such a man or a woman may
adopt a son or a daughter. 8/20/2020SHALINI MEHTA 19

20. 4. Adoption may be effected:
(1) The following person may effect
adoption of a child:
(a) A couple to whom no child has born even
up to ten years of the marriage,
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21. (b) An unmarried woman having completed forty-
five years of age, a widow, divorcee woman or
judicially separated woman, having no son or
daughter,
(c) An unmarried man having completed forty-five
years of age, a widower, divorcee or judicially
separated man, having no son or daughter.
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22. (2) Notwithstanding anything contained in
sub-section (1), the following person
cannot effect adoption:
(a) One who is of unsound mind,
(b) One who is convicted by the court of a
criminal offense involving moral turpitude,
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23. (c) One who does not have financial capacity to
afford maintenance, health care, education,
sports facility, entertainment and care of the
minor.
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24. (3) In effecting adoption by the husband or
wife living in a joint family pursuant to
this Section, they shall obtain each other's
consent.
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25. 4. Adoption not to be effected:
(1) No one shall effect adoption of any of the
following persons:
(a) One who has completed fourteen years of age,
(b) One who is the only son or daughter, Provided that
this provision shall not apply to the circumstance
referred to in sub-section (3) of Section175.
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26. (c) One who has been once adopted as a son or
daughter, Provided that this provision shall not
apply where the adoption is annulled according
to law.
(d) One who is in higher degree of relationship
than the person adopting the son or daughter,
(e) One who is not a citizen of Nepal. Provided
that the provision of this clause shall not apply to
a non-resident Nepali citizen who has obtained a
foreign citizenship. 8/20/2020SHALINI MEHTA 26

27. (2) Notwithstanding anything contained in clause
(a) of sub-section (1), if the person to be adopted
is a person within the relation of three
generations or a son or daughter born to the ex-
husband of the wife, that person may be adopted
even though he or she has completed fourteen
years of age.
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28. 5. Difference of age between adopter and
adoptee:
(1)The age difference between the adopter and the
adoptee shall be at least twenty-five years.
(2) Notwithstanding anything contained in sub-
section (1), no age restriction shall apply to the
adoption of a person within the relation of three
generations. 8/20/2020SHALINI MEHTA 28

29. 6. Consent to be obtained for adoption:
(1) In effecting adoption of a child, the
adopter shall obtain written consent of
both father and mother of such a child, if
both of them are surviving, and of the
surviving father or mother, as the case may
be, if either of them is surviving.
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30. (2) Notwithstanding anything contained in sub-
section (1),if the father and mother are separated
because of the dissolution of matrimonial
relationship between the husband and wife or
judicial separation, and a child living with such a
father or mother according to the agreement
made at the time of such dissolution or judicial
separation is intended to be adopted, the adopter
shall obtain consent of the person with whom,
out of the father and the mother, the child has
been living. 8/20/2020SHALINI MEHTA 30

31. (3) Notwithstanding anything contained in sub-
section (1),adoption of a child whose father and
mother are not traced or surviving or a child
whose father and mother are surviving but who
has been maintained or cared by a person or
organization following the conclusion of another
marriage either by his or her father or mother
may be effected by obtaining written consent of
the person or organization so maintaining or
caring the child. 8/20/2020SHALINI MEHTA 31

32. (4) While adopting a child above ten years of age
pursuant to sub-section (1), (2) or (3), written
consent of such a child shall also be obtained.
(5) Written consent referred to in sub-section (4)
shall be executed by the concerned child in the
presence of his or her father, mother or guardian
or curator exercising the maternal and parental
authority.
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33. (6) Before obtaining consent pursuant to this
Section ,information shall be given to the person
putting a child up for adoption, guardian or
curator and the child about, inter alia, the
meaning, legal status and consequences of
adoption.
(7) No financial inducement of any type shall be
made in obtaining consent pursuant to this
Section and such consent requires to be given
voluntarily.
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34. 7. Adoption deemed to have been effected by
couple themselves: If adoption was effected by
the husband or wife living under judicial
separation and, subsequent thereto, the husband
and wife have lived jointly, the adoption effected
before living so jointly shall be deemed to have
been effected by the couple.
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35. 8. Procedures for effecting adoption:
(1) If a person is desirous of adopting a child, he
or she shall make a petition to the concerned
court, along with a duly executed deed of
adoption, in fulfillment of the legal
requirements.
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36. (2) If, upon inquiring into the deed of adoption received
pursuant to sub-section (1), the concerned court finds
that permission may be given to the petitioner for
adoption, it shall issue an order granting permission for
adoption and shall authenticate such deed.
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37. (3) If, upon making inquiry pursuant to sub-
section (2), the court finds that permission
cannot be given to the petitioner for adoption, it
shall issue an order accordingly and give
information there of to the petitioner.
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38. 9. Entitlements and rights of adopted son or
daughter:
(1)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.
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39. (2) Even if a son or daughter is born to a
person who has already adopted a person,
the equal status of such adopted son or
adopted daughter to that of biological son
or daughter shall not be prejudiced
thereby.
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40. 10. Surname of adopted son or daughter: An
adopted son or daughter may use the surname of
either or both of the adoptive father and mother.
Provided that-
(1) If an adopted son or daughter so desires, he or
she may use also the surname of his or her
biological father or mother.
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41. (2) If the adoption is annulled, his or her surname
shall be that of his or her biological father or
mother.
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42. 11. Not allowed to claim partition share of
father and mother:
An adopted son or daughter shall not be entitled to
claim partition share in the property belonging to
his or her biological father and mother.
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43. PROVIDED THAT-
(1) If the adoption is annulled, he or she may
claim partition share in the property belonging to
his or her biological father and mother,
(2) If an adopted son or daughter has already
obtained his or her partition share at the time of
effecting adoption, he or she may receive such
property as well.
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44. 12. Adoptive person's obligations:
(1) The obligations of an adoptive person shall be
as follows:
(a) To make arrangements for the maintenance,
healthcare, sports, entertainment and proper
education of the adopted son or daughter
according to his or her reputation and capacity as
if he or she were his or her biological son or
daughter,
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45. (b) To protect the rights and interests of the adopted
son or daughter,
(c) To exercise the authority as referred to in Chapter-
5of this Part.
(2) If the adoptive person does not fulfill the
obligation under sub-section (1), the adopted son
or daughter may live separately by obtaining his
or her partition share. 8/20/2020SHALINI MEHTA 45

46. 13. Obligations of adopted son or daughter:
The obligations of the adopted son or daughter
shall be as follows:
(a)To make arrangements for the maintenance,
healthcare and care of the adoptive person
according to his or her reputation and capacity
as if such person were his or her natural father
or mother,
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47. (b) To protect, look after and properly manage the property
of the adoptive person,
(c) To protect the rights and interests of the adoptive
person.
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48. 14. Facility of visit and making
correspondences to be provided:
The adoptive person shall provide facility to the
adopted son or daughter to make visits to, and
correspondence with, his or her biological father
and mother, from time to time.
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49. 15. Adoption to be void: If a person effects
adoption in contravention of Section 171, sub-
section (1) of, and clauses (a) and (b) of
subsection(2) of Section 172, Sections 173, 174
and 175, such adoption shall ipso facto be void.
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50. 16. Voidable adoption: (1) If an adoptive person
fails to fulfill the obligations referred to in
Section 181, any adopted son or daughter may
have the adoption annulled.
Provided that if such adopted son or daughter has
already received a partition share, he or she shall
not be entitled to have the adoption annulled.
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51. (2) An adoptive person may have the adoption annulled in
any of the following circumstances:
(a) If the adopted son or daughter fails to fulfill the
obligations referred to in Section 182,
(b) If the adopted son or daughter expels him or her from
home or subjects him or her to physical or mental torture,
from time to time,
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52. (c) If the adopted son or daughter misuses his or her
property,
(d) If the adopted son or daughter leaves him or her
and lives separately without his or her consent for
three years or more.
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53. (3) The provisions of clauses (a) and (d) of sub-
section (2)shall not apply to the married adopted
daughter.
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54. 17. Termination of adoption:
(1) If adoption is annulled pursuant to Section 184 or 185,
the relationship between the adoptive person and the
adopted son or daughter shall be deemed to have been
terminated.
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55. (2) If the relationship between the adoptive person
and the adopted son or daughter is terminated
pursuant to sub-section (1),the entitlements,
rights and obligations vested in him or her in the
capacity of adopted son or daughter shall also be
terminated.
• Provided that no facilities already enjoyed,
rights acquired or exercised and obligations
fulfilled in the capacity of adopted son or
daughter during the validity period of adoption
shall be prejudiced.
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56. 18. Statute of limitation: A person aggrieved
from any act done or action taken under this
Chapter may make a lawsuit within one year
after the date on which such an act was done or
an action was taken.
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57. STEPS FOR ADOPTION
1. Registration
2. Home study and
counseling
3. Referral of a child
4. Acceptance of a child
5. Filing of petition
6. Pre-adoption foster care
7. Court hearing
8. Court order
9. Follow -up
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58. DOCUMENTS REQUIRED FOR
ADOPTION
• Adoption application
• Password size photo (Husband and Wife)
• Marriage certificate and proof of age
• Reason for adoption
• Latest HIV and Hepatitis B report of couple
• Income certificate
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59. DOCUMENTS REQUIRED FOR
ADOPTION
• Proof of Residence
• Investment details
• Reference letter from 3 people
• Any other document which may required
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60. 8/20/2020SHALINI MEHTA 60

61. BIBLIOGRAPHY
• Adoption | U.S. Embassy in Nepal [Internet]. U.S. Embassy in
Nepal. 2019 [cited 21 December 2019]. Available from:
https://np.usembassy.gov/u-s-citizen-services/child-family-
matters/adoption/
• Domestic Adoption | Nepal Children's Organization(Bal
Mandir)NCONepal [Internet]. Nconepal.org.np. 2019 [cited 21
December 2019]. Available from: http://www.nconepal.org.np/what-
we-do/adoption-2/domestic-adoption
• Network V. Nepal Child Adoptions, government rules, regulations,
orphanage and application information - VisitNepal.com [Internet].
Visitnepal.com. 2019 [cited 21 December 2019]. Available from:
https://www.visitnepal.com/nepal_information/nepal_child_adoption
s.php
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62. BIBLIOGRAPHY…
• Nepal Intercountry Adoption Information [Internet]. Travel.state.gov.
2019 [cited 21 December 2019]. Available from:
https://travel.state.gov/content/travel/en/Intercountry-
Adoption/Intercountry-Adoption-Country-Information/Nepal.html
• Child adoptation | Volunteering in Nepal, Volunteer in Nepal [Internet].
Volunteersummernepal.org. 2019 [cited 21 December 2019]. Available
from: http://www.volunteersummernepal.org/child-adaptation
• child adoption [Internet]. 2019 [cited 21 December 2019]. Available
from: https://resourcecentre.savethechildren.net/node/1661/pdf/1661.pdf
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63. Thank you
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