chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 180: Not allowed to claim partition share of father and mother Section 180: 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. Provided that- Section 180, Sub-section (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, Section 180, Sub-section (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. Section 181: Adoptive person's obligations Section 181, Sub-section (1): The obligations of an adoptive person shall be as follows: Section 181, Sub-section (1), Clause (a): To make arrangements for the maintenance, health care, 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, Section 181, Sub-section (1), Clause (b): To protect the rights and interests of the adopted son or daughter, Section 181, Sub-section (1), Clause (c): To exercise the authority as referred to in Chapter-5 of this Part. Section 181, Sub-section (2): If the adoptive person does not fulfill the obligations under sub-section (1), the adopted son or daughter may live separately by obtaining his or her partition share. Section 182: Obligations of adopted son or daughter Section 182: The obligations of the adopted son or daughter shall be as follows: Section 182, Clause (a): To make arrangements for the maintenance, health care 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, Section 182, Clause (b): To protect, look after and properly manage the property of the adoptive person, Section 182, Clause (c): To protect the rights and interests of the adoptive person. Section 183: Facility of visit and making correspondences to be provided Section 183: 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. Section 184: Adoption to be void Section 184: If a person effects adoption in contravention of Section 171, sub-section (1) of, and clauses (a) and (b) of sub- section (2) of Section 172, Sections 173, 174 and 175, such adoption shall ipso facto be void. Section 185: Voidable adoption Section 185, Sub-section (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. National Civil Code 2074
National Civil Code 2074

Section 185, Sub-section (2): An adoptive person may have the adoption annulled in any of the following circumstances: Section 185, Sub-section (2), Clause (a): If the adopted son or daughter fails to fulfill the obligations referred to in Section 182, Section 185, Sub-section (2), Clause (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, Section 185, Sub-section (2), Clause (c): If the adopted son or daughter misuses his or her property, Section 185, Sub-section (2), Clause (d): If the adopted son or daughter leaves him or her and lives separately without his or her consent for three years or more. Section 185, Sub-section (3): The provisions of clauses (a) and (d) of sub-section (2) shall not apply to the married adopted daughter. Section 186: Termination of adoption Section 186, Sub-section (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. Section 186, Sub-section (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. Section 187: Statute of limitation Section 187: 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. Section 188: Inter-country adoption deemed to be accepted Section 188: If any foreigner accepts a 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 189: Adoption not to be effected without obtaining permission Section 189, Sub-section (1):  No foreigner shall be allowed to hold any minor of a Nepali citizen or of a foreigner domiciled in Nepal as an adopted son or daughter, without obtaining permission from the Government of Nepal. Section 189, Sub-section (2): Permission for adoption under this Chapter shall be granted only to the citizens or married couple of those countries which are opened by the Government of Nepal, by a notification in the Nepal Gazette, for inter-country adoption in Nepal. Section 190: Best interests of minor to be ensured in granting permission for Section 190: adoption: (1) Prior to granting permission to a foreigner for adoption, the Government of Nepal shall consider whether or not the best interests of the child will be ensured, his or her human rights will be protected and such a child will be abducted, sold, trafficked or otherwise abused. National Civil Code 2074
National Civil Code 2074

Section 190, Sub-section (2): Permission for adoption under this Chapter shall be granted only if, upon considering the matters pursuant to sub- section (1), it appears appropriate to grant permission to a foreigner to adopt a child. Section 191: Child eligible to be given for adoption Section 191: Any of the following children having stayed in a children home for at least six months may be given to a foreigner for adoption: Section 191, Sub-section (1): "Children home" means a child welfare home and orphanage established in accordance with law, with the objective of protecting the rights and interests of children, and this term includes a children home or Balmandir established by the Government of Nepal. Section 191, Sub-section (2): "Orphan child" means any of the following child certified as an orphan by the District Administration Office: Section 191, Sub-section (2), Clause (a): A child found unclaimed by the police, and whose father or mother is not found, Section 191, Sub-section (2), Clause (b): A child left unclaimed in a hospital or health institution, Section 191, Sub-section (2), Clause (c): A child whose father and mother are not traced out, Section 191, Sub-section (2), Clause (d): A child whose father and mother are both dead and who has no property for maintenance. Section 191, Sub-section (3): "Voluntarily abandoned children" means the following children who have been surrendered to the custody of a children home, through the District Administration Office, by the following person, upon being unable to make arrangements for their maintenance and education, by executing a deed relating thereto: Section 191, Sub-section (3), Clause (a): In the case of a child whose father is dead or disappeared and mother has concluded another marriage, such a mother, Section 191, Sub-section (3), Clause (b): If more than one child have born, and the mother is not financially able to afford their maintenance or education because the father is dead, disappeared or of unsound mind, in the case of such children, their mother, Section 191, Sub-section (3), Clause (c): If more than one child have born, and the father is not financially able to afford their maintenance or education because the mother is dead, disappeared or of unsound mind, in the case of such children, their father, Section 191, Sub-section (3), Clause (d): In the case of an orphan child who has no property, his or her guardian or curator. National Civil Code 2074
National Civil Code 2074

Section 192: Foreigner eligible for adopting son or daughter Section 192, Sub-section (1): Permission may be granted to the following foreigner for the adoption of any child of a Nepali citizen or of a foreigner domiciled in Nepal: Section 192, Sub-section (1), Clause (a): A couple from whom no child is born even up to ten years of their marriage, Section 192, Sub-section (1), Clause (b): An unmarried woman a widow, divorcee woman or a judicially separated woman who has completed forty- five but not fifty-five years of age, having no son or daughter, Section 192, Sub-section (1), Clause (c): An unmarried man a widower, divorcee or a judicially separated man who has completed forty-five but not fifty-five years of age, having no son or daughter. Section 192, Sub-section (2): Notwithstanding anything contained in sub-section (1), no permission may be granted to the following foreigner for adoption: Section 192, Sub-section (2), Clause (a): One who is of unsound mind, Section 192, Sub-section (2), Clause (b): One who is convicted of a criminal offense involving moral turpitude, by a court of Nepal or the concerned country. Section 192, Sub-section (3): Notwithstanding anything contained in sub-section (1), where the law of a foreign country provides that a citizen of that country may adopt more than one child, he or she may adopt a child despite that he or she has a child. Section 192, Sub-section (4): Notwithstanding anything contained elsewhere in this Section, a person of the country that prohibits a Nepali citizen from adopting a child or provides discrimination between the rights of an adopted son or a daughter and the rights of naturally born son or daughter shall not be permitted to adopt a child from Nepal. Section 193: Provision relating to Inter-country Adoption Board Section 193, Sub-section (1): The Government of Nepal may, by a notification in the Nepal Gazette, form an Inter-country Adoption Board so as to act as the central agency for the purpose of making recommendation for granting permission to a foreigner for adoption of a child pursuant to this Chapter or designate any government body to perform such function. Explanation: For the purposes of this Chapter, the term "Board" means the Inter-country Adoption Board, and this term includes the government body designated to perform such function. Section 193, Sub-section (2): The Board referred to in sub-section (1) shall be so formed as to include one child right worker who has worked in the field of the rights of the child for at least fifteen years. National Civil Code 2074
National Civil Code 2074

Section 193, Sub-section (3): Other functions, powers and duties of the Board, in addition to those mentioned elsewhere in this Chapter, shall be as follows: Section 193, Sub-section (3), Clause (a): To frame policies on inter-country adoption and recommend the same to the Government of Nepal, Section 193, Sub-section (3), Clause (b): To make coordination between the various agencies on matters of inter-country adoption, Section 193, Sub-section (3), Clause (c): To prevent undue financial and other advantage likely to be exchanged while giving or taking adoption, Section 193, Sub-section (3), Clause (d): To make available any information required by the central adoption agencies or other relevant public agencies of other countries about the condition of adopted sons or daughters, Section 193, Sub-section (3), Clause (e): To prevent child abuse, exploitation, trafficking or kidnapping likely to happen in effecting adoption and to protect Nepali children from any other practice likely to harm them, Section 193, Sub-section (3), Clause (f): To make recommendation to the Government of Nepal to fix the charges applicable for adoption, Section 193, Sub-section (3), Clause (g): To specify the form of application to be filed for adoption, Section 193, Sub-section (3), Clause (h): To make arrangements for maintaining confidentiality of records of the minors desirous to be adopted, their biological father and mother or adoptive father and mother, Section 193, Sub-section (3), Clause (i): To carry out such other functions relating to inter- country adoption as may be required. Section 193, Sub-section (4): Other matters including the procedures relating to the meeting of the Board shall be as determined by the Board itself. National Civil Code 2074
National Civil Code 2074

Section 194: Application to be filed for adoption Section 194, Sub-section (1): A foreigner or couple qualified under Section 192 and desirous of adopting a Nepali minor or a minor of a foreigner domiciled in Nepal shall make an application to the Board, accompanied by the following documents, through the embassy of his or her country in Nepal and where no such an embassy is situated in Nepal, the embassy designated for Nepal or the central agency of the concerned country which gives permission for adoption: Section 194, Sub-section (1), Clause (a): The applicant's birth registration certificate, Section 194, Sub-section (1), Clause (b): The applicant's recently taken photograph, Section 194, Sub-section (1), Clause (c): A photocopy of the applicant's passport, Section 194, Sub-section (1), Clause (d): A document certifying the applicant’s marital status, Section 194, Sub-section (1), Clause (e): A certificate issued by a licensed medical doctor on the applicant’s health, Section 194, Sub-section (1), Clause (f): A certificate issued by the governmental body of the concerned country, indicating that the applicant is of good character and has not been convicted by a court of a criminal charge involving moral turpitude, Section 194, Sub-section (1), Clause (g): A document that certifies the applicant's property and income source, Section 194, Sub-section (1), Clause (h): The applicant's social, psychological and home study report, Section 194, Sub-section (1), Clause (i): Age, sex and other details of the child sought for adoption, Section 194, Sub-section (1), Clause (j): A letter of consent issued by the government of the applicant’s country for making adoption in Nepal, Section 194, Sub-section (1), Clause (k): A letter of guarantee issued by the government of the concerned country or by the embassy of that country based in Nepal or designated for Nepal indicating that according to the law of the applicant’s home country, the status of the person to be adopted is equal to that of the applicant’s biological son or daughter, Section 194, Sub-section (1), Clause (l): A letter of guarantee issued by the government of the applicant's home country, embassy of that country based in Nepal or designated for Nepal indicating that, according to the law of the applicant’s home country, the applicant is qualified to make adoption and has the financial capacity to bear all responsibilities including maintenance, health care, education and protection of the minor to be adopted. Section 194, Sub-section (2): The documents referred to in sub-section (1) shall be written in the English language or translated into the English or Nepali language by a competent body. Section 194, Sub-section (3): If it is found, from an inquiry into the application received pursuant to sub-section (1), that it is appropriate to grant permission for adoption according to the applicant’s request, the Board shall, by keeping confident the applicant’s name and address, forward the details relating thereto to the selection committee. National Civil Code 2074
National Civil Code 2074

Section 194, Sub-section (4): The application to be made pursuant to sub-section (1) shall be accompanied by the application fee as determined by the Government of Nepal, on the recommendation of the Board. Section 195: Provisions relating to selection committee Section 195: The Government of Nepal shall form a selection committee, by a notification in the Nepal Gazette, for the purpose of making recommendations to the Board as to which of minors may be appropriate for adoption by any foreigner or foreign couple, after selecting the person or couple desirous of making adoption, and the minor. Section 196: To make recommendation by selecting person effecting Section 196: adoption and child: The Board shall, based on the minor’s details according to the applicant’s details and relevant matters received pursuant to sub-section (1) of Section 194, and also having regard to the applicant’s request, ascertain what type of minor is appropriate for being adopted by which applicant and recommend the name of the applicant and the minor to the Board. Section 197: Permission to be granted for adoption Section 197, Sub-section (1): If the Board considers, from an inquiry into the recommendation received from the selection committee pursuant to Section 196, that it is appropriate to grant a minor as recommended for adoption by a foreigner, it shall make according recommendation to the Government of Nepal. Section 197, Sub-section (2): If, upon an inquiry into the recommendation made by the Board pursuant to sub-section (1), it thinks reasonable to do so, the Government of Nepal shall, according to the recommendation of the Board, grant permission for the adoption of such a minor by the foreigner. Section 197, Sub-section (3): After permission has been granted pursuant to sub- section (2), the Government of Nepal shall issue a certificate relating thereto for that purpose. Section 197, Sub-section (4): After the certificate has been issued pursuant to sub- section (3), inter-country adoption shall be deemed to have duly been effected from Nepal. Section 197, Sub-section (5): Notwithstanding anything contained in sub-section (2), if, prior to granting permission for the adoption of any minor by a foreigner, the father, mother or other guardian of the minor desires to take his or her minor back, such a minor may not be granted for adoption. Section 197, Sub-section (6): If the Government of Nepal grants permission for the adoption of any minor by a foreigner pursuant to sub-section (2), the applicant shall appear in person and take over the concerned minor. Provided that if the applicant is a couple and either of them is unable to appear in person, the other spouse may take over such a minor on the basis of the certified deed of consent executed by the absent spouse. National Civil Code 2074
National Civil Code 2074

Section 197, Sub-section (7): After permission has been granted for the adoption of any minor by a foreigner pursuant to this Section, the Government of Nepal shall give information thereof to the central agency responsible for inter-country adoption situated in the country of the adoptive person and also to the embassy of the concerned country designated for Nepal, if any. Section 197, Sub-section (8): A foreigner or couple making application for adoption may, if not satisfied with any decision made by the Government of Nepal, make an appeal to the concerned High Court. Section 198: Special provision relating to selection of families for minors in Section 198: need of special care: (1) Notwithstanding anything contained elsewhere in this Chapter, the Board may accord priority to those applicants who have applied for the adoption of minors in need of special care and select families to that effect. Explanation: For the purposes of this Section, the term “minors in need of special care” means those minors, out of orphan minors or voluntarily abandoned minors, who are in need of special care due to physical or mental condition, unusual or abnormal growth or more age. Section 198, Sub-section (2): The Board shall determine as to whether any minor is a minor in need of special care or not. Section 198, Sub-section (3): Notwithstanding anything contained in sub-section (1), if, in selecting the families and the minors in need of special care pursuant to that sub-section, any detail relating to the age, sex and health of the minor as demanded by a family in the first order of priority does not match, those minors in need of special care who match to the details as demanded by such family may be selected respectively. Section 198, Sub-section (4): The other procedures on the selection of families for minors in need of special care and classification of such minors shall be as prescribed by the Government of Nepal. Section 199: Special provision relating to permission to be granted for Section 199: adoption: (1) Notwithstanding anything contained elsewhere in this Chapter, if any renowned foreign citizen desires to adopt any minor as referred to in Section 191, he or she may make an application to the Board, along with a formal recommendation by the head of state, head of government or foreign minister of the concerned country. Explanation: For the purposes of this Section, the term “renowned foreign citizen” means any of the following persons: Section 199, Sub-section (2): If the Board considers, from an inquiry into an application received pursuant to sub-section (1), that it is reasonable to grant a minor as demanded by such a foreign citizen for adoption, it shall make recommendation to the Government of Nepal, Council of Ministers, accordingly. Section 199, Sub-section (3): If a recommendation is made pursuant to sub-section Section 199, Sub-section (2): , the Government of Nepal, Council of Ministers may give permission to such a foreign citizen to adopt the minor demanded by him or her. National Civil Code 2074