Brief Introduction on Inter Country Adoption of Nepal

1. Brief Introduction on Inter Country Adoption of Nepal Presented byMinistry of Women, Children and Social Welfare

2. Inter Country Adoption • Nepal signed on Hague Convention on : 28 April, 2009 • Central Authority : Ministry of Women, Children and Social Welfare, Singh durbar, Kathmandu, Nepal

3. National Legislation • The civil code (Muluki Ain) is the substantive law on both domestic and inter-country adoption. • The Terms and Conditions, 2008 is the special law with regard to inter-country adoption, which set forth a detailed provision in this regard

4. Function of Central Authority • Regulate and monitor the functions of other bodies, such as Investigation, Recommendation and Monitoring Committee (IRMC) and Matching Committees (FMCs) and Orphanages/Child homes • Accredit Foreign Adoption Agencies working in Nepal, Orphanages, and Children Homes. • Make a final decision (Adoption Decree) in granting the Nepali children to foreign nationals. • Responsible for policymaking and legislation regarding inter-country adoption in Nepal.

5. Eligibility to Adopt Nepali Child • A married couple who have completed at least four years of their marriage or • An unmarried, widow, divorcee or legally separated woman who has completed thirty five years of age but not crossed fifty five years of age. • There shall be difference of at least thirty years of age between the adoptive parents and the child to be adopted. • The Adoptive parents will not be granted to adopt the child with the same sex, the family have already at their home. • The parent/s shall apply for a child of lesser age than that of the child they already have in their family.

6. Required Documents to Submit along with Application • Consent letter from concerned authority of the home country of adoptive parent/s. • Guarantee letter • Birth certificate • Documents proving the marital status • Family status including the birth certificate/s of biological/adoptive children (if any)

7. Cont. • Health certificate • Character certificate (Criminal Record) • Documents proving properties and income sources • Photocopy of passport • Social, psychological and home study report • Covering letter of the Embassy/ Diplomatic Mission/Adoption agency. • Photographs depicting exteriors and interiors of living apartment/residence. • Commitment of the applicants to comply with post adopting requirements.

8. Validity of the Documents The following documents remain valid for one year from the date of issuance unless otherwise mentioned • Consent letter. • Guarantee letter • Health certificate • Character certificate (Criminal Records) • Social, psychological and home study report

9. The Adoption Procedure • Adoption Dossier should be submitted through the accredited agencies or embassy or diplomatic mission. • Dossier documents will be verified by IRMC. • MOWCSW will not take any action on those applications which are directly sent by prospective adoptive parents. • IRMC places the request of only those prospective adoptive parents to FMCs if documents are found to be in accordance with Terms and Condition.

10. Cont. • FMCs refers a child for matching with family in the best interest of the child. • Rearing, ethnic origin, cultural backgrounds, and native language of the child shall not be taken into consideration. • A letter shall be sent to the parents through adoption agency, Diplomatic mission given to obtain adoptive parent’s consent.

11. Cont.. • The family is free to accept or reject the referral. If rejects, reason must be stated. • After obtaining consent from the families, MOWCSW takes a final decision on granting the child for adoption.

12. Duration of the Adoption Procedure: • Adoption procedure is supposed to be completed within a period of 5-6 Months.

13. Fees for Inter Country Adoption • Agency Accreditation fee: $ 500 and $ 100 for renewal in every two years. • Adoptive Family: $3000 as an adoption fee to the Government of Nepal and $ 5000 to the Home, Orphanage or Children's Organization where the child has been residing.

14. Issuance of Conformity Certificate • After the final decision by the MOWCSW on granting the child for Inter country adoption, A Certificate of Conformity shall be issued to the adoptive parents.

15. Travel: • 1 Time : MOWCSW requires the presence of parent/s to receive the child to the latter. • Expected duration : ~ 3 Weeks :

16. Post Adoption Report • Adoptive parents have to submit a post adoption report annually until the child reaches at 18 years old.

17. Children Eligible for Inter Country Adoption: • Orphan child, and • Voluntarily abandoned child.

18. Documents required for Orphan Child • Certificate of Orphan issued by Chief District Officer. • A Letter from the Police Office for the children found in road, way or public place. • A Letter From Hospital where the child is left • A public enquiry deed for the children found in the vicinity of orphanage or Children’s home. • A Public Notice to be broadcasted on TV and Radio. • A Public Notice to be published on Daily Newspaper.

19. Documents required for Abandoned Child • A recommendation made by the concerned local body. • Deed of abandonment made in the presence of Chief District Officer. • Citizenship Certificates of the Parents • Reason to abandon children.

20. Thank you For Details : http://www.mowcsw.gov.np/opensection.php?secid=462