Table of Contents
Adoption in Nepal is governed by a combination of the Muluki Civil Code 2074, the Children Act 2075 (2018), and regulations issued by the Ministry of Women, Children and Senior Citizens. Whether you are a Nepali couple hoping to adopt, a single parent, or a foreign national exploring options, the legal framework sets clear eligibility rules, procedural steps, and protections for the child. This guide covers every aspect of adoption law in Nepal — from who can adopt to how the process works and what rights an adopted child has. If you are also navigating marriage registration, understanding adoption law is particularly relevant as married couples through court marriage in Nepal often form the primary pool of eligible adoptive parents.
Adoption in Nepal is regulated by the Muluki Civil Code 2074 (Sections 166–176) and the Children Act 2075. Nepali citizens who are at least 25 years old and at least 20 years older than the child can adopt. Married couples must have the consent of both spouses. The process involves application to the District Court, home study, child matching through the Central Child Welfare Board, and a court adoption decree. International adoption from Nepal has been suspended since 2010 and remains restricted as of 2026.
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Legal Framework for Adoption in Nepal
Adoption in Nepal is governed by multiple laws that work together:
| Law | What It Covers |
|---|---|
| Muluki Civil Code 2074 (Sections 166–176) | Eligibility, consent, legal effects, succession rights of adopted children |
| Children Act 2075 (2018) | Child welfare, child rights, institutional care, foster care, adoption procedure |
| Children Rules 2077 (2020) | Detailed procedural rules for adoption applications and processing |
| Constitution of Nepal 2072 | Article 39: Rights of children, including right to family care |
The Central Child Welfare Board (CCWB) — operating under the Ministry of Women, Children and Senior Citizens — is the primary government body responsible for overseeing adoption in Nepal. All adoptions, whether domestic or international, must go through the CCWB's processes.
Who Can Adopt in Nepal?
The eligibility criteria for adoptive parents are set by the Muluki Civil Code 2074 and the Children Act 2075:
Basic Eligibility Requirements
- Minimum age: The adoptive parent must be at least 25 years old
- Age gap: The adoptive parent must be at least 20 years older than the child being adopted
- Married couples: Both spouses must consent to the adoption. One spouse cannot adopt without the other's agreement
- Mental capacity: The adoptive parent must be of sound mind
- No criminal record: Particularly no convictions involving crimes against children
- Financial ability: Must demonstrate the ability to provide for the child's basic needs — food, shelter, education, healthcare
Can Single Persons Adopt?
Yes. The Civil Code 2074 does not restrict adoption to married couples. A single man or single woman who meets the age and other eligibility criteria can adopt a child. However, in practice, the CCWB gives preference to married couples, and single male applicants may face additional scrutiny when seeking to adopt a girl child.
Can Same-Sex Couples Adopt?
The legal position on adoption by same-sex couples remains unclear. The Civil Code 2074 does not explicitly address this question. As same-sex marriage itself operates under a Supreme Court interim order (without full legislative backing), the rights that flow from it — including joint adoption — are legally uncertain. Same-sex couples seeking to adopt should consult a lawyer for the latest legal position. For the current status of same-sex marriage, see our guide on same-sex marriage in Nepal.
Can Foreign Nationals Adopt?
International adoption from Nepal has been effectively suspended since 2010 following concerns about child trafficking and irregularities in the adoption process. While the legal framework technically permits inter-country adoption under strict conditions, the Central Child Welfare Board has not been processing new international adoption applications. This suspension remains in effect as of April 2026.
Who Can Be Adopted?
Not every child is eligible for adoption. The Civil Code and Children Act set specific criteria:
Eligible Children
- Orphaned children: Children who have lost both parents
- Abandoned children: Children who have been officially declared abandoned after the authorities complete a search for the biological parents
- Voluntarily surrendered children: Children whose biological parents or legal guardians have formally consented to the adoption
- Children in institutional care: Children living in government-recognised child care homes
Age Limit
The child must be a minor (under 18 years old) at the time of the adoption application. There is no minimum age — infants can be adopted.
Consent Requirements
- If the child's biological parents are alive and identifiable, their written consent is mandatory
- If the child is in institutional care, the head of the institution must consent
- If the child is 10 years or older, the child's own consent is also required
- Consent must be free and informed — consent obtained through coercion, fraud, or financial inducement is invalid
Domestic Adoption Process
The domestic adoption process in Nepal involves several stages:
Step 1: Application to the Central Child Welfare Board
The prospective adoptive parent(s) submit an application to the CCWB or the District Child Welfare Committee in their district. The application includes all required documents and a statement of intent to adopt.
Step 2: Home Study
A social worker assigned by the CCWB conducts a home study — an assessment of the adoptive parents' home environment, financial situation, motivation for adoption, and ability to provide a safe and nurturing environment for a child. The home study report is submitted to the CCWB.
Step 3: Approval and Child Matching
If the home study is positive, the CCWB places the applicants on the approved list. When a suitable child becomes available, the CCWB matches the child with the approved parents based on the best interests of the child. The prospective parents are introduced to the child.
Step 4: Pre-Adoption Bonding Period
Before the formal legal process begins, the prospective parents and child may go through a bonding period — a supervised period where the child lives with or spends significant time with the prospective parents. This allows the authorities to assess whether the placement is in the child's best interest.
Step 5: Court Petition
The prospective parents file an adoption petition at the District Court. The court reviews the CCWB's recommendation, the home study report, consent documents, and other evidence. The court may interview the prospective parents and, if the child is old enough, the child as well.
Step 6: Adoption Decree
If the court is satisfied that the adoption is in the best interest of the child, it issues an adoption decree. This is the legal order that formally establishes the parent-child relationship between the adoptive parents and the child.
Step 7: Registration
The adoption decree is registered with the local Ward Office. The child's birth record is updated to reflect the adoptive parents' names. A new birth certificate may be issued.
Documents Required for Adoption
| Document | Source | Notes |
|---|---|---|
| Citizenship certificate of adoptive parent(s) | District Administration Office | Both spouses if married |
| Marriage certificate (if married) | District Court / Ward Office | Proves marital status |
| Application form | CCWB / District Child Welfare Committee | Standard form |
| Income proof / financial statements | Employer / bank / tax records | Demonstrates financial ability |
| Police clearance certificate | Nepal Police | No criminal record — especially crimes against children |
| Medical fitness certificate | Government hospital | Physical and mental health assessment |
| Photographs | Photo studio | Recent passport-size |
| Home study report | CCWB social worker | Conducted after initial application |
| Consent of biological parents (if applicable) | Biological parents / institutional head | Must be free and informed |
| Child's consent (if 10+) | Child (documented) | Required for children aged 10 and above |
International Adoption from Nepal
International adoption from Nepal has a complicated history and is effectively on hold as of 2026.
The 2010 Suspension
In 2010, Nepal suspended all international adoptions following documented cases of child trafficking, falsified documents, and children being taken from families under false pretences and placed for international adoption. The suspension was supported by international organisations including UNICEF.
Current Status (2026)
As of April 2026:
- Nepal has not ratified the Hague Convention on Intercountry Adoption, though it has been considering ratification
- The CCWB is not processing new international adoption applications
- The government has stated that domestic adoption takes priority — international adoption should only occur when no suitable domestic placement is available
- Any future reopening of international adoption would require new regulations with stronger safeguards
For Foreign Nationals Living in Nepal
Foreign nationals who are permanent residents of Nepal (such as foreign spouses of Nepali citizens on long-term spouse visas) may be able to apply for domestic adoption. However, this is evaluated case-by-case, and the CCWB prioritises Nepali citizen applicants. Consult a lawyer for specific guidance.
Considering adoption in Nepal? Our lawyers can guide you through the process →
Rights of Adopted Children
The Civil Code 2074 provides strong protections for adopted children:
Equal Rights With Biological Children
- Inheritance: Adopted children have the same inheritance rights as biological children in the adoptive family — including coparcenary rights in ancestral property
- Maintenance: Adoptive parents have the same obligation to maintain and support the adopted child as they would a biological child
- Education: The adopted child has the right to education on the same terms as biological children
- Surname: The adopted child takes the adoptive parents' surname
Marriage Restrictions
Adopted children are subject to the same marriage restrictions as biological children within the adoptive family. An adopted child cannot marry their adoptive parents, adoptive siblings, or anyone within the prohibited degrees of the adoptive family. For details, see our guide on marriage within relatives in Nepal.
Rights With Biological Family
Once the adoption is legally finalised, the child's legal ties with the biological family are severed for most purposes. The child's inheritance rights, maintenance claims, and family obligations transfer entirely to the adoptive family. However, the adopted child may retain the right to know their biological origin — the Civil Code does not explicitly prohibit access to birth records.
Post-Adoption Legal Requirements
After the adoption decree is issued:
- Update birth records at the local Ward Office — the child's birth certificate is updated with the adoptive parents' names
- Update citizenship records — when the child turns 16, they can apply for citizenship based on the adoptive parents' citizenship
- School enrolment — update the child's school records with the new family details
- Passport — if needed, apply for a passport for the child using the updated birth certificate and the adoption decree
- Follow-up reports — the CCWB may require periodic follow-up visits by a social worker to ensure the child's welfare in the adoptive home
Common Reasons for Adoption Rejection
- Age not met: Adoptive parent under 25 or less than 20 years older than the child
- Criminal record: Especially offences involving children, domestic violence, or fraud
- Negative home study: Unsafe living conditions, financial instability, or concerns about motivation
- Missing consent: Biological parents' consent not obtained or obtained improperly
- Spouse not consenting: One married spouse applying without the other's agreement
- Child's objection: A child aged 10+ who does not consent to the adoption
- Not in the child's best interest: The court's overriding consideration in every case
Conclusion
Adoption in Nepal is a legal process designed to protect the child's welfare at every stage. The Muluki Civil Code 2074 and the Children Act 2075 provide a clear framework — from eligibility to court procedure to the rights of adopted children. The process requires patience, proper documentation, and compliance with the CCWB's procedures. Whether you are a Nepali couple or a foreign resident, professional legal guidance helps navigate the process smoothly and ensures the adoption is legally sound.
Our lawyers handle family law matters including adoption, child custody, and guardianship cases. We can assess your eligibility, prepare your application, and represent you at the District Court.
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Frequently Asked Questions
The adoptive parent must be at least 25 years old and at least 20 years older than the child being adopted. Both conditions must be met at the time of the adoption application.
Yes. The Muluki Civil Code 2074 does not restrict adoption to married couples. A single man or single woman who meets the age and eligibility criteria can adopt. However, the Central Child Welfare Board gives preference to married couples in practice.
International adoption has been effectively suspended since 2010 following child trafficking concerns. The Central Child Welfare Board is not processing new international applications as of April 2026. Nepal has not ratified the Hague Convention on Intercountry Adoption.
Yes. Adopted children have the same inheritance rights as biological children in the adoptive family — including coparcenary rights in ancestral property. The adoption must be legally formalised through the court for these rights to apply.
Key documents include: citizenship certificates, marriage certificate (if married), application form, income proof, police clearance, medical fitness certificate, photographs, and consent of biological parents or institutional head. The home study report is prepared during the process.
The domestic adoption process typically takes 6 months to 2 years, depending on the availability of a suitable child, CCWB processing times, home study scheduling, and court proceedings. Complex cases or those involving institutional children may take longer.
Foreign nationals who are permanent residents of Nepal (such as foreign spouses on long-term visas) may be able to apply for domestic adoption. However, the CCWB prioritises Nepali citizen applicants, and each case is evaluated individually.
Yes. If the child is 10 years or older, the child's own consent is required for the adoption to proceed. For younger children, consent comes from the biological parents, legal guardian, or the head of the institutional care home.
No. The Civil Code 2074 treats adopted children the same as biological children for marriage prohibition purposes. Adopted siblings fall within the prohibited degrees of the adoptive family, and marriage between them is void.
The Central Child Welfare Board (CCWB) operates under the Ministry of Women, Children and Senior Citizens. It oversees all adoption processes in Nepal — including applicant screening, home studies, child matching, and post-adoption monitoring.
The legal position is unclear. The Civil Code 2074 does not explicitly address adoption by same-sex couples. Since same-sex marriage itself operates under an interim court order without full legislation, joint adoption rights for same-sex couples remain legally uncertain.
Once adoption is legally finalised, the child's legal ties with the biological family are severed. Inheritance, maintenance, and family obligations transfer to the adoptive family. The child may retain the right to know their biological origin through birth records.
If you are married, yes — you must provide a marriage certificate and both spouses must consent to the adoption. Single persons do not need a marriage certificate but must meet all other eligibility requirements including age and financial ability.
Yes. Step-parent adoption is legally possible. The process requires the consent of the biological parent (your spouse) and, if the child's other biological parent is alive and has parental rights, their consent or a court order terminating those rights.
File an adoption petition at the District Court in the district where you reside. The petition must include the CCWB recommendation, home study report, consent documents, and all supporting evidence. The court issues the adoption decree if satisfied.
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