Adoption in Nepal: Legal Framework and Process
May 10, 2025
min read
Concept and Meaning
Adoption is the legal act of permanently placing a child with parents other than the biological parents. It severs the rights and responsibilities of the biological parents and transfers them to the adoptive parents. The adopted child becomes, in law, the legitimate child of the adoptive parents, with equal rights, including inheritance, as a biological child.
Definition
The Supreme Court of India, in Laxmi Kant Pandey vs. Union of India 1, defined adoption as:
“The process through which the adopted child is permanently separated from his parents and becomes the legitimate child of his adoptive parents with all rights, privileges, and responsibilities that are attached to the relationship.”
According to Prof. U.P.D. Kesari, “Adoption is akin to transplanting a child from the family of birth into a new family where the child gains a fresh identity and relationship.”
Black’s Law Dictionary defines adoption as:
“A legal process pursuant to statute in which a child’s ties with the biological parents are terminated and equivalent ties with adoptive parents are created.”
Traditionally in Hinduism, especially in Nepal and India, adoption—particularly of a son—had religious roots, as sons were considered gateways to heaven for their parents. However, modern adoption is increasingly seen from a rights-based perspective, where both children and parents have the right to family, love, and care. Instruments like CRC (Article 20), UDHR, and ICCPR affirm these rights.
Legal Provisions of Adoption in Nepal (Under National Civil Code, 2074)
1. Definition of Adopted Child
According to Section 169, if a person accepts another’s child as their own, that child is legally considered an adopted son or daughter.
2. Who Can Adopt? (Sec 172(1))
1. Application Submission: The adoptive parent(s) must submit an application along with a legally compliant deed of adoption to the concerned court.
2. Court Inspection: The court verifies qualifications and legality.
3. Approval or Rejection: If eligible, the court certifies the deed and grants the order. If not, it informs the applicant of the rejection.
Necessary Conditions to Be Fulfilled
Rights and Responsibilities After Adoption
Adopted Child's Rights (Sec 178, 180, 183):
Void and Voidable Adoptions
Void Adoptions (Sec 184):
Conclusion
Adoption in Nepal is no longer just a religious or social practice but a legally defined right and duty governed by the National Civil Code, 2074. While it respects tradition, it also aligns with international human rights standards by emphasizing the best interest of the child, mutual consent, and the lifelong commitment of adoptive parents. As the law evolves, adoption is seen less as a privilege and more as a shared responsibility between the State, adoptive parents, and society.
Adoption is the legal act of permanently placing a child with parents other than the biological parents. It severs the rights and responsibilities of the biological parents and transfers them to the adoptive parents. The adopted child becomes, in law, the legitimate child of the adoptive parents, with equal rights, including inheritance, as a biological child.
Definition
The Supreme Court of India, in Laxmi Kant Pandey vs. Union of India 1, defined adoption as:
“The process through which the adopted child is permanently separated from his parents and becomes the legitimate child of his adoptive parents with all rights, privileges, and responsibilities that are attached to the relationship.”
According to Prof. U.P.D. Kesari, “Adoption is akin to transplanting a child from the family of birth into a new family where the child gains a fresh identity and relationship.”
Black’s Law Dictionary defines adoption as:
“A legal process pursuant to statute in which a child’s ties with the biological parents are terminated and equivalent ties with adoptive parents are created.”
Traditionally in Hinduism, especially in Nepal and India, adoption—particularly of a son—had religious roots, as sons were considered gateways to heaven for their parents. However, modern adoption is increasingly seen from a rights-based perspective, where both children and parents have the right to family, love, and care. Instruments like CRC (Article 20), UDHR, and ICCPR affirm these rights.
Legal Provisions of Adoption in Nepal (Under National Civil Code, 2074)
1. Definition of Adopted Child
According to Section 169, if a person accepts another’s child as their own, that child is legally considered an adopted son or daughter.
2. Who Can Adopt? (Sec 172(1))
● Married couples without biological children for 10 years.
● Unmarried individuals above 45 years.
● Widow, widower, divorced individuals, or those under judicial separation without biological children.
3. Who Cannot Adopt? (Sec 171, Sec 172(2) )
● Unmarried individuals above 45 years.
● Widow, widower, divorced individuals, or those under judicial separation without biological children.
● Persons of unsound mind.
● Individuals convicted of moral turpitude.
● Economically incapable individuals.
● Those who already have a biological son (cannot adopt a son) or daughter (cannot adopt a daughter), unless the child is not living with them due to judicial separation.
4. Who Cannot Be Adopted? (Sec 173)
● Individuals convicted of moral turpitude.
● Economically incapable individuals.
● Those who already have a biological son (cannot adopt a son) or daughter (cannot adopt a daughter), unless the child is not living with them due to judicial separation.
● Children over 14 years (with some exceptions).
● Only child of their biological parents.
● Child already adopted.
● Foreign nationals (except NRNs with foreign citizenship).
● Children related to adoptive parents in a higher generation.
Process of Adoption in Nepal (Sec 177)● Only child of their biological parents.
● Child already adopted.
● Foreign nationals (except NRNs with foreign citizenship).
● Children related to adoptive parents in a higher generation.
1. Application Submission: The adoptive parent(s) must submit an application along with a legally compliant deed of adoption to the concerned court.
2. Court Inspection: The court verifies qualifications and legality.
3. Approval or Rejection: If eligible, the court certifies the deed and grants the order. If not, it informs the applicant of the rejection.
Necessary Conditions to Be Fulfilled
● Best interest of such adopted son or daughter (Sec170).
● In case of husband and wife living together, the consent of one another who is going to adopt a child.(sec 172(2)).
● At least 25 years difference in between adopted child and parents.( Sec 174(1)). But this age difference shall not be considered where a person is adopting the child within his/her three generation relationship.
● Written consent from the biological parents either from one parents or both depending on the fact whether they are living together or under separation (sec 175).
● In case such child don’t have their biological parents either because they are dead or unidentified or married to someone else because of which such child has been brought up by some other person or , organization then the written consent from such other person or organization.
● In case of adopting the child above the age of 10 years, written consent of such child (Such consent has to be full and free)- Sec 175(4)
● In case of husband and wife living together, the consent of one another who is going to adopt a child.(sec 172(2)).
● At least 25 years difference in between adopted child and parents.( Sec 174(1)). But this age difference shall not be considered where a person is adopting the child within his/her three generation relationship.
● Written consent from the biological parents either from one parents or both depending on the fact whether they are living together or under separation (sec 175).
● In case such child don’t have their biological parents either because they are dead or unidentified or married to someone else because of which such child has been brought up by some other person or , organization then the written consent from such other person or organization.
● In case of adopting the child above the age of 10 years, written consent of such child (Such consent has to be full and free)- Sec 175(4)
Rights and Responsibilities After Adoption
Adopted Child's Rights (Sec 178, 180, 183):
● Equal status as biological child in adoptive family.
● Right to meet natural parents (but not claim their property).
● Cannot claim inheritance from natural parents unless:
● Right to meet natural parents (but not claim their property).
● Cannot claim inheritance from natural parents unless:
1. Property was already partitioned before adoption.
2. The adoption is declared void.
Adoptive Parents' Duties (Sec 181):
2. The adoption is declared void.
● Ensure health, education, recreation, and general care.
● Protect child’s rights and interests.
● If they fail, the child can claim a partition share.
Adopted Child’s Duties (Sec 182):
● Protect child’s rights and interests.
● If they fail, the child can claim a partition share.
● Care for adoptive parents.
● Manage their property responsibly.
● Protect their rights and interests.
● Manage their property responsibly.
● Protect their rights and interests.
Void and Voidable Adoptions
Void Adoptions (Sec 184):
● Void if the adoption is done contrary to Sections 171, 172 (1), (2)(a)(b), 173, 174, or 175.
Voidable Adoptions (Sec 185):
● If adoptive parents neglect their duties under Sec 181.
● Exception: If the child has already received a partition share, the adoption cannot be voided.
● Exception: If the child has already received a partition share, the adoption cannot be voided.
Conclusion
Adoption in Nepal is no longer just a religious or social practice but a legally defined right and duty governed by the National Civil Code, 2074. While it respects tradition, it also aligns with international human rights standards by emphasizing the best interest of the child, mutual consent, and the lifelong commitment of adoptive parents. As the law evolves, adoption is seen less as a privilege and more as a shared responsibility between the State, adoptive parents, and society.
About the Authors
Rhitika Subedi
Undergraduate law student at Nepal Law Campus, with a keen interest in commercial sector. Passionate about legal research, advocacy, and rights-based reforms.
View all posts by Rhitika Subedi