yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 161: Power to spend immovable property with court's permission
Subsection (1)
If the movable property belonging to the person under his or her curatorship is insufficient to meet the expenses required for the maintenance, education or medical treatment of that person, the curator may file a petition, setting out the matter, in the court for permission to sell the immovable property or any part thereof for that purpose.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 161: Power to spend immovable property with court's permission
Subsection (2)
If, upon inquiring into a petition filed pursuant to subsection (1), it considers the reason for selling such immovable property to be reasonable, the court may grant permission to so sell the immovable property or any part thereof as it considers appropriate.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 162: Property to be taken care of and protected rationally and
carefully:  (1) A curator shall look after of and protect the property belonging to a person under his or her curatorship rationally and carefully.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 162: Property to be taken care of and protected rationally and
Subsection (2)
The concerned curator shall be liable for any kind of loss or damage to the property belonging to the person under his or her curatorship because of his or her failure to so look after and protect the property pursuant to sub-section (1). Provided that the curator shall not be liable for any loss or damage to such property due to a disaster.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 162: Property to be taken care of and protected rationally and
Subsection (3)
If a complaint is filed with allegation that the curator has failed to look after of and protect the property pursuant to subsection (1), the court may remove the concerned person from curatorship.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 163: Transfer of title, ipso facto to be void: If a curator sells any
immovable property belonging to the person under his or her curatorship to himself or herself or to any of his or her family members, with ulterior motive to disentitling such a person to that property or the title thereto happens to be transferred to him or her in any manner, such transfer of title shall, ipso facto, be void.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 164: Curatorship to be terminated ipso facto:
(1) Curatorship shall be deemed to have been terminated ipso facto in any of the following circumstances: (a) In the case of a minor, if he or she attains eighteen years of age, (b) In the case of a person of unsound mind, if he or she becomes of sound mind, (c) If custody of the minor is taken by the mother or father or both, (d) If the guardian of a minor or person of unsound mind is appointed, (e) If the court removes a person from curatorship pursuant to sub-section (3) of Section 162, (f) If the curator has no qualification referred to in Section 158, (g) If the curator or the person under curatorship dies.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 164: Curatorship to be terminated ipso facto:
Subsection (2)
(1) Curatorship shall be If curatorship is terminated pursuant to sub-section (1), the curator shall immediately return to the concerned person the property taken into custody in the capacity of curator.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 165: Custody of property may be handed over:
(1) Notwithstanding anything contained elsewhere in this Chapter, if a person is unable to protect and manage the property under his or her title, ownership or possession on his or her own, for the reason that he or she has to go elsewhere by leaving the place where he or she resides, he or she may appoint any person as a curator to that end and hand over the custody of such property to that other person.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 165: Custody of property may be handed over:
Subsection (2)
(1) Notwithstanding If the custody of property is handed over to any person pursuant to sub-section (1), the person taking the custody of such property shall protect and manage the property and return the property to the person handing over its custody as and when the handing over person so requires.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 166: Requirement to certification by court: One who becomes a
curator pursuant to Sections 153, 154 and 165 shall get that matter certified by the court.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 167: Application of other provisions: The provisions contained in
Sections 144, 145, 146, 147, 149, 150 and 151 shall also apply mutatis mutandis to the curator and the person under curatorship.
National Civil Code 2017
Part-3
Chapter-7: Provisions Relating to Curatorship
Section 168: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit within six months after the date of knowledge of such an act or action.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 169: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 170: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 171: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 171: Prohibition on adoption by person having child:
Subsection (2)
(1) No person 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. Explanation: For the purposes of this Chapter and Chapter-9 of this Part, the term "judicial separation" means a circumstance where a person obtains partition in property according to the order of the court or lives separately according to law or lives separately after separation of bread and board from other coparceners.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 171: Prohibition on adoption by person having child:
Subsection (3)
(1) No person Notwithstanding anything contained in sub-section (1) or (2), if a person who has a biological son or daughter makes a petition in the concerned court for the adoption of another child, disclosing therein his or her financial capacity to make arrangements for the maintenance, health care, education and care of the child, and if, upon inquiring into such a petition, it appears that the petitioner has such status, the court may grant permission to him or her to adopt such child.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 172: 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, (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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 172: Adoption may be effected:
Subsection (2)
(1) The following person may effect 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, (c) One who does not have financial capacity to afford maintenance, health care, education, sports facility, entertainment and care of the minor.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 172: Adoption may be effected:
Subsection (3)
(1) The following person may effect In effecting adoption by the husband or wife living in a joint family pursuant to this Section, they shall obtain each other's consent.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 173: 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 Section
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 174: Difference of age between adopter and adoptee:
(1) The age difference between the adopter and the adoptee shall be at least twenty-five years.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 174: Difference of age between adopter and adoptee:
Subsection (2)
(1) The age Notwithstanding anything contained in sub-section (1), no age restriction shall apply to the adoption of a person within the relation of three generations.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: 
(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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: 
Subsection (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 exhusband of the wife, that person may be adopted even though he or she has completed fourteen years of age.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: Consent to be obtained for adoption:
Subsection (2)
(1) In effecting adoption of 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: Consent to be obtained for adoption:
Subsection (3)
(1) In effecting adoption of 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: Consent to be obtained for adoption:
Subsection (4)
(1) In effecting adoption of 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: Consent to be obtained for adoption:
Subsection (5)
(1) In effecting adoption of 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: Consent to be obtained for adoption:
Subsection (6)
(1) In effecting adoption of 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 175: Consent to be obtained for adoption:
Subsection (7)
(1) In effecting adoption of No financial inducement of any type shall be made in obtaining consent pursuant to this Section and such consent requires to be given voluntarily.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 176: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 177: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 177: Procedures for effecting adoption:
Subsection (2)
(1) If a person is desirous of If, upon inquiring into the deed of adoption received pursuant to sub-section (1), the concerned district 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 177: Procedures for effecting adoption:
Subsection (3)
(1) If a person is desirous of 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 thereof to the petitioner.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 178: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 178: Entitlements and rights of adopted son or daughter:
Subsection (2)
(1) The 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 179: 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-
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 179: Surname of adopted son or daughter: An adopted son or
Subsection (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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 179: Surname of adopted son or daughter: An adopted son or
Subsection (2)
If the adoption is annulled, his or her surname shall be that of his or her biological father or mother.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 180: 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. Provided that-
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 180: Not allowed to claim partition share of father and mother: An
Subsection (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,
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 180: Not allowed to claim partition share of father and mother: An
Subsection (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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 181: Adoptive person's obligations:
(1) The obligations of an adoptive person shall be as follows: (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, (b) To protect the rights and interests of the adopted son or daughter, (c) To exercise the authority as referred to in Chapter-5 of this Part.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 181: Adoptive person's obligations:
Subsection (2)
(1) The obligations of an adoptive 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 182: 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, 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, (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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 183: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 184: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 185: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 185: Voidable adoption:
Subsection (2)
(1) If an adoptive person fails to fulfill the 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, 100 (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, (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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 185: Voidable adoption:
Subsection (3)
(1) If an adoptive person fails to fulfill the The provisions of clauses (a) and (d) of sub-section (2) shall not apply to the married adopted daughter.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 186: 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 186: Termination of adoption:
Subsection (2)
(1) If adoption is annulled pursuant to 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.
National Civil Code 2017
Part-3
Chapter-8: Provisions Relating to Adoption
Section 187: 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. 101
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 188: Inter-country adoption deemed to be accepted: 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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 189: Adoption not to be effected without obtaining permission:
(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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 189: Adoption not to be effected without obtaining permission:
Subsection (2)
(1) 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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 190: Best interests of minor to be ensured in granting permission for
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 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 190: Best interests of minor to be ensured in granting permission for
Subsection (2)
Permission for adoption under this Chapter shall be granted only if, upon considering the matters pursuant to subsection (1), it appears appropriate to grant permission to a foreigner to adopt a child. 102
National Civil Code 2017
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 191: Child eligible to be given for adoption: Any of the following
children having stayed in a children home for at least six months may be given to a foreigner for adoption: (a) Orphan children who, upon death of both father and mother, are not under protection of any one, (b) Voluntarily abandoned children. Explanation: For the purposes of this Chapter,-
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 191: Child eligible to be given for adoption: Any of the following
Subsection (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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 191: Child eligible to be given for adoption: Any of the following
Subsection (2)
"Orphan child" means any of the following child certified as an orphan by the District Administration Office: (a) A child found unclaimed by the police, and whose father or mother is not found, (b) A child left unclaimed in a hospital or health institution, (c) A child whose father and mother are not traced out, (d) A child whose father and mother are both dead and who has no property for maintenance. 103
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 191: Child eligible to be given for adoption: Any of the following
Subsection (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: (a) In the case of a child whose father is dead or disappeared and mother has concluded another marriage, such a mother, (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, (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, (d) In the case of an orphan child who has no property, his or her guardian or curator.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 192: Foreigner eligible for adopting son or daughter:
(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: (a) A couple from whom no child is born even up to ten years of their marriage, 104 (b) An unmarried woman a widow, divorcee woman or a judicially separated woman who has completed fortyfive but not fifty-five years of age, having no son or daughter, (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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 192: Foreigner eligible for adopting son or daughter:
Subsection (2)
(1) Permission Notwithstanding anything contained in sub-section (1), no permission may be granted to the following foreigner for adoption: (a) One who is of unsound mind, (b) One who is convicted of a criminal offense involving moral turpitude, by a court of Nepal or the concerned country.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 192: Foreigner eligible for adopting son or daughter:
Subsection (3)
(1) Permission 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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 192: Foreigner eligible for adopting son or daughter:
Subsection (4)
(1) Permission 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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 193: Provision relating to Inter-country Adoption Board:
(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 105 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.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 193: Provision relating to Inter-country Adoption Board:
Subsection (2)
(1) The 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 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 193: Provision relating to Inter-country Adoption Board:
Subsection (3)
(1) The Other functions, powers and duties of the Board, in addition to those mentioned elsewhere in this Chapter, shall be as follows: (a) To frame policies on inter-country adoption and recommend the same to the Government of Nepal, (b) To make coordination between the various agencies on matters of inter-country adoption, (c) To prevent undue financial and other advantage likely to be exchanged while giving or taking adoption, (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, (e) To prevent child abuse, exploitation, trafficking or kidnapping likely to happen in effecting adoption 106 and to protect Nepali children from any other practice likely to harm them, (f) To make recommendation to the Government of Nepal to fix the charges applicable for adoption, (g) To specify the form of application to be filed for adoption, (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, (i) To carry out such other functions relating to intercountry adoption as may be required.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 193: Provision relating to Inter-country Adoption Board:
Subsection (4)
(1) The Other matters including the procedures relating to the meeting of the Board shall be as determined by the Board itself.
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 194: Application to be filed for adoption:
(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: (a) The applicant's birth registration certificate, (b) The applicant's recently taken photograph, (c) A photocopy of the applicant's passport, 107 (d) A document certifying the applicant’s marital status, (e) A certificate issued by a licensed medical doctor on the applicant’s health, (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, (g) A document that certifies the applicant's property and income source, (h) The applicant's social, psychological and home study report, (i) Age, sex and other details of the child sought for adoption, (j) A letter of consent issued by the government of the applicant’s country for making adoption in Nepal, (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, 108 (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.
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Section 194: Application to be filed for adoption:
Subsection (2)
(1) A foreigner or couple 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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 194: Application to be filed for adoption:
Subsection (3)
(1) A foreigner or couple 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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 194: Application to be filed for adoption:
Subsection (4)
(1) A foreigner or couple 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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 195: Provisions relating to selection committee: 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. 109
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 196: To make recommendation by selecting person effecting
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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
(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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
Subsection (2)
(1) If the Board considers, 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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
Subsection (3)
(1) If the Board considers, After permission has been granted pursuant to subsection (2), the Government of Nepal shall issue a certificate relating thereto for that purpose.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
Subsection (4)
(1) If the Board considers, After the certificate has been issued pursuant to subsection (3), inter-country adoption shall be deemed to have duly been effected from Nepal.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
Subsection (5)
(1) If the Board considers, 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 110 to take his or her minor back, such a minor may not be granted for adoption.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
Subsection (6)
(1) If the Board considers, 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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
Subsection (7)
(1) If the Board considers, 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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 197: Permission to be granted for adoption:
Subsection (8)
(1) If the Board considers, 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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 198: Special provision relating to selection of families for minors in
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 111 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.
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Section 198: Special provision relating to selection of families for minors in
Subsection (2)
The Board shall determine as to whether any minor is a minor in need of special care or not.
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Section 198: Special provision relating to selection of families for minors in
Subsection (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.
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Section 198: Special provision relating to selection of families for minors in
Subsection (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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 199: Special provision relating to permission to be granted for
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: (a) Head of state or head of government of a foreign country, 112 (b) Chief of an international intergovernmental organization, (c) A laureate of the noble prize, (d) A person or entrepreneur who has an income of more than three hundred thousand US Dollars a year.
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Section 199: Special provision relating to permission to be granted for
Subsection (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.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 199: Special provision relating to permission to be granted for
Subsection (3)
If a recommendation is made pursuant to sub-section
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Section 199: Special provision relating to permission to be granted for
Subsection (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.
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Section 199: Special provision relating to permission to be granted for
Subsection (4)
Any foreign citizen making adoption pursuant to this Section shall, upon making such adoption, comply with the other provisions set forth in this Chapter.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 200: Details to be forwarded: A foreigner who makes adoption
pursuant to this Chapter shall each year forward details relating to the arrangements he or she has made for the maintenance(palanposhan), education, health and care of(herchaha) the adopted minor until such minor attains the age of majority according to the law of the concerned country, in each six months for a period of two years and thereafter in each year to the Government of Nepal through the Nepali Embassy or Consulate based in his or her country or Nepali mission abroad, and if such 113 mission is not situated there, through the Embassy of Nepal related to such a country.
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Section 201: To monitor:
(1) The Board may itself monitor as to whether a foreigner who has adopted a Nepali minor has made arrangements for the maintenance (Palanposhan), health, education and care of (Herchaha) such minor until the minor attains the age of majority, or for that purpose, form, as per necessity, a sub-committee consisting also of a representative of the Nepali Embassy or Consulate based in the concerned country.
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Section 201: To monitor:
Subsection (2)
(1) The Board may itself monitor as to whether a The Board or sub-committee referred to in sub-section
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Section 201: To monitor:
Subsection (1)
(1) The Board may itself monitor as to whether a may, for that purpose, carry out monitoring by visiting the place where the child is residing.
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Section 201: To monitor:
Subsection (3)
(1) The Board may itself monitor as to whether a The Board or sub-committee shall submit a report of monitoring conducted by it under sub-section (2) to the Government of Nepal.
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Section 201: To monitor:
Subsection (4)
(1) The Board may itself monitor as to whether a The report referred to in sub-section (3) shall contain, inter alia, a statement whether the best interests of the adopted Nepali minor have been served when he or she is residing with the adoptive person or not.
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Section 201: To monitor:
Subsection (5)
(1) The Board may itself monitor as to whether a If the report received pursuant to sub-section (3) contains a statement that the best interests of the adopted Nepali minor have not been served when he or she is residing with the adoptive person, the Government of Nepal shall, also taking opinion of the concerned minor if her or she is able to express his or her opinion or is above ten years of age, bring that matter to the 114 attention of the Government of the concerned country through the diplomatic channel.
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Section 201: To monitor:
Subsection (6)
(1) The Board may itself monitor as to whether a If the condition of the adopted Nepali minor is not improved even after the attention drawn pursuant to sub-section (5), the Government of Nepal shall, by a notification in the Nepal Gazette, remove such a country from the list of countries opened for their citizens to make inter-country adoption from Nepal.
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Chapter-9: Provisions Relating to Inter-Country Adoption
Section 202: Case may be filed: A case may be filed in the court of the
concerned country for the annulment of adoption, by a minor adopted as an adopted son or daughter within one year after the date on which the minor attained majority, on the grounds of failure to make arrangements for proper maintenance(Palanposhan), health, education and care of (Herchaha) him or her, and by the Nepali Embassy or Consulate based in the country where the adopted son or daughter is residing within one year after the date on which the adoptive person failed to make such arrangements.
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Section 203: Provisions of the Act to be applicable:
(1) Provisions contained in Sections 173, 174, 175, 178, 179, 180, 181 and 183 in relation to adopted sons or daughters shall also apply to the sons or daughters adopted by foreigners pursuant to this Chapter.
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Section 203: Provisions of the Act to be applicable:
Subsection (2)
(1) Provisions Provision of Section 191 shall not apply for the adoption of the minors of foreigners domiciled in Nepal.
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Section 203: Provisions of the Act to be applicable:
Subsection (3)
(1) Provisions The Government of Nepal may, on the recommendation of the Board, make necessary Guidelines for the implementation of the provisions contained in this Chapter.