Nepal is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention). Procedures for foreign adoptions in Nepal are unpredictable and the Nepalese government requirements are not enforced uniformly.  The Nepalese government frequently changes requirements with little notice.  Under Nepalese law, single mothers or married mothers who have been left by their husbands must meet stringent requirements regarding the relinquishment of their children for adoption.  Fathers have twelve years from the child’s birth to claim the child and assert custody rights.  Unless a mother identifies the father and he agrees, in writing, to the child’s adoption, the child will not be eligible for adoption.

ADOPTION AUTHORITY IN NEPAL :  The Ministry of Women, Children and Social Welfare (WCS) is the Nepalese Government office responsible for adoptions in Nepal .  Officially, the Ministry has recognized the Nepal Children’s Organization (NCO), also known as Bal Mandir, to process adoptions, although adoptions through other orphanages are possible.

Ministry of Women, Children and Social Welfare
Singha Durbar, Kathmandu
Tel: 977-1-424-1465, 977-1-424-1728
Fax: 977-1-424-1516
Email: This e-mail address is being protected from spambots, you need JavaScript enabled to view it

ELIGIBILITY TO ADOPT:  Nepalese law sets out the following age and civil status requirements:

• The age difference between prospective parents and the adoptive child must be at least 30 years;

• The couple must have been married for at least 4 years prior to filing an application and be "infertile;"

• Single women between the age of 35 and 55 may also adopt.  Single men may not adopt Nepalese children.

Eligibility for Children to be adopted: Children (either male or female) under the age of 16 may be adopted.  If the prospective parents already have a child or children of their own, Nepalese government regulations state they only adopt a Nepalese child of the opposite sex of their biological child or children.  Siblings of the opposite sex can be adopted together if other qualifications are met. 


RESIDENCY REQUIREMENTS:   There are no residency requirements for adopting an orphan from Nepal .


TIME FRAME:  The timing is often uneven and inconsistent; changes in the security situation or the government may lead to additional delays.  Recent changes in adoption regulations may significantly impact adoption processing in Nepal. Some adoptions in Nepal may be completed with one trip to Nepal; however, many adoptive parents travel to Nepal twice or more.  On the first visit, they meet the child and complete initial paperwork required by the Nepalese government.  They then return to Nepal when the adoption is approved by the Nepalese government to file for the immigrant visa. 


ADOPTION AGENCIES AND ATTORNEYS:   Most adoptive families work with an adoption agency adopt from an orphanage in Nepal .  Some orphanages have established relationships with specific adoption agencies and work only with those agencies.  It is recommended for all parents to work through an agency, as the adoption process in Nepal is quite complex; furthermore, experienced agencies are able to provide support and counseling services before, during, and after the adoption.  The Nepalese government does not require adoptive parents to work with specific agencies.  Only designated orphanages in Nepal are approved to process intercountry adoption cases.  Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.

ADOPTION FEES IN NEPAL :  Nepalese government discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Nepal at risk.  The Ministry of Women, Children and Social Welfare charges a fee of $300 for the adoption of an orphan from Nepal .  Orphanages and local facilitators in Nepal often charge additional fees to process the adoption and to care for the child once the child has been assigned to adoptive parents but prior to the Nepalese government approval of the adoption by the Nepalese government.  These fees vary widely.  Adoptive parents have reported a wide variance in fees (between $3,000 – $17,000) charged by Nepalese orphanages, which are largely unregulated by the Nepalese government.  Many parents have reported that orphanages have charged them new and unexpected fees once the parents arrive in Nepal .  Prospective parents are advised to obtain detailed receipts for all fees and donations paid to orphanages, either by the parents directly or through their adoption agencies. 

ADOPTION PROCEDURES:    Prospective parents may adopt through Nepal Children’s Organization (Bal Mandir) or through an adoption agency which is registered with and recognized by the Ministry of Women, Children and Social Welfare. Adoptive parents in Nepal sign many documents in the process of completing an adoption.  Many of these documents are in Nepalese, and English translations are not routinely provided.  Parents are encouraged to have documents translated before they are signed.  Shree Law Book Management Board is the official governmental translation office.  The office is located in Babar Mahal, Kathmandu.  The U.S. Embassy requires both the original and the official translation of all case documents at the time of the immigrant visa interview.  Nepal Children’s Organization reviews applications and makes determinations if parents are eligible to adopt. Denial by NCO does not mean a definitive end to the process; parents may still able to proceed with a private agency.

The Nepalese government requires that all adoptive parents complete and sign a “Guarantee Letter.”  This letter, which is made part of the dossier that is submitted to the WCS serves to assure the Nepalese Government that the adoptive parents have been approved by the government of the adoptive parents to be adoptive parents and that, if legally qualified, the child will be eligible to immigrate to the country of the adoptive parents.  This letter is completed after the child is assigned to the parents by the Nepalese orphanage or authority. 

The Guarantee Letter must be signed by the adoptive parents and notarized. The letter must have the original signatures of the parents. The letter must be accompanied by notarized copies of the adoptive parents’ passports with original signatures of the parents and the notary.  If only one parent is traveling to Nepal then the non-traveling parent must sign and have the document notarized along with a copy of their passport.  In addition, the traveling parent must also bring a power of attorney to act on behalf of the non-traveling parent.  The processing of the Guarantee Letter also requires photographs of the child and parents and a letter from the Government of Nepal informing the adoptive parent's embassy of the details of the match between the child and the adoptive parents, including the child's name and date of birth.  The child’s photo must be affixed to the letter from the Nepalese orphanage to the adoptive parent's embassy.

Once the NCO or another private agency has reviewed the case, a committee at the Ministry of Women, Children and Social Welfare reviews each adoption file.  The frequency of these meetings depends on the availability of the members.  If the committee deems that everything is in order, it will recommend the case to the legal section of WCS for further processing.  Once the legal section reviews the case and issues a positive recommendation, the Secretary of the WCS issues and signs the final adoption decree in English.  Adoptive parents must be physically present in Nepal to take custody of the child once the final adoption is pronounced. 

Historically, the time required for this step in the process has varied greatly from as little as three weeks to as long as six months.  Prospective parents are advised to seek regular updates on the adoption process in Nepal from an attorney licensed in Nepal .

Once adoptive parents obtain the adoption decree, they will also need to obtain a travel document for the child through the Nepalese Ministry of Foreign Affairs.  Generally, the Nepalese travel document is valid only for one-way travel to the adoptive parents country and countries en route. 

DOCUMENTS REQUIRED FOR ADOPTION IN NEPAL :  If an adoption is processed through a private agency, in addition to the information listed above for NCO adoptions, the parents must also obtain

1. A favorable recommendation from the District Administrative Officer (Chief District Officer) where the child resides; and
   
2. A death certificate and/or an affidavit of consent and irrevocable release of the child of biological parents for purposes of emigration and adoption.

Once a child is identified, the adoption can be handled directly through WCS.  Many who choose the private adoption route find it useful to have an adoption lawyer or contact person in Nepal to help navigate the process.

Nepalese Consulate General New York
820 Second Avenue , 17^th Floor
New York N.Y.10017
Tel: 212-370-3988, 212-370-3989
Fax: 212-953-2038
Email: This e-mail address is being protected from spambots, you need JavaScript enabled to view it , This e-mail address is being protected from spambots, you need JavaScript enabled to view it

ADDITIONAL INFORMATION:

• US Embassy Nepal