Inter-Country Adoption or International Adoption/Inter-Country Lawyer in Nepal
Nepal is a beautiful country with a diverse culture and lovely innocent people. Adopting a child from Nepal is a wonderful experience that is going to be your life partner. The firm offers free Inter-Country Adoption consultations so that you can gain an understanding of your needs and provide guidance and information. We offer you free Inter-Country Adoption Consultations to help you understand your needs and provide guidance and information.
What is International Adoption or Inter-Country Adoption?
Pursuant to Section 188 of the National Civil Code 2017, where a foreigner accepts a minor citizen of Nepal or a foreigner domiciled in Nepal as an adopted son or daughter, he or she shall be deemed to be accepted as an inter-country adoption.
Who could be adopted?
Pursuant to Section 191 National civil Code 2017:
A child may be adopted if he/she is:
- An orphan, voluntary abandoned or abandoned child residing in a child’s home or Balmandir established by the Government of Nepal for a period of at least six months may be given to a foreigner for adoption:
(b) “Orphan child” means any of the following children declared orphan by the District Administration Office of Nepal:
A child who has been found unclaimed by the police, and whose father or mother has not been found,
A child left unclaimed in a hospital or health care institution;
A child whose father and mother are not identified,
- “Voluntarily abandoned children” means the following children who have been placed under custody of the children at home or Balmandir.
- A child whose father is dead or missing, and his mother has remarried to another man.
- If families have many children and are not financially able to afford child support or education because the father is dead, missing or unsound, in the case of such children,
- In the case of an orphan who has no property, his guardian or curator.
- Those who are physically, mentally and emotionally stable and have no trace of a criminal offense involving moral turpitude by a court in Nepal or in any country. Those of you who are financially sound. A couple who haven’t had a child for ten years since their marriage,
- A unmarried woman, a widow, a divorced woman, or a legally separated woman, who is forty-five but not fifty-five years of age and has no son or daughter.
Inter-Country Adoption or the process of international adoption
In Nepal, you must follow the laws of the country you are in. If you are a resident of that country and you want to have a child.
In most cases, the adoptive parents and the adoptive may work directly with the adoption counsel to complete the following steps:
File an application for the adoption of a child.
Your attorney will work with you to complete important legal documents and file them with your local court.
Obtain consent
While the parents of the adoptive will not be required to consent to the adoption process, the legal consent paperwork must be completed by the adoptive adult, the adult to be adopted, and, where applicable, his or her spouse.
Finalization of the adoption
The procedures for finalization of adoption vary from state to state. In most states, your attorney will arrange a finalization hearing where you will appear before the court to legally complete the adoption process.
The process of international adoption:
The adoption of a child from another country follows a few basic steps that are quite different from any other type of adoption:
Choose a country and provider
You will want to consider the specific adoption laws of each country and choose an internationally accredited adoption provider from The Hague.
Complete International Home Study – As in the case of domestic adoption, you must complete your home study before you are officially eligible to do so. You will also need to prepare your file
U.S. — Citizenship and Immigration Services
This will enable the country and the USCIS to evaluate and verify your eligibility. See more about The Hague Accreditation and Documentation section to learn how to complete it.
Child referral
Once you are eligible to adopt and a child becomes available, your specialist will inform you about the situation. You will get information about the child, too. You will have about 24 hours to accept or reject a referral.
Travel and Legalize
If a referral is accepted. Based on the country, the entire adoption may take place in the country of origin, or you may need to have legal custody there and return home to complete the formal adoption process.
Domestic vs. International adoption:
If you decide to adopt a child internationally, consider how international adoption differs from domestic adoption (in-country adoption):
Cost
The cost of international adoption is less likely to vary, so you are likely to know all of your costs from the outset; domestic adoptions may have more variable costs.
Travel for international adoption is, however, more expensive.
Medical history
In the case of domestic adoption, you will typically have a fairly comprehensive medical history of the child. In international adoption, medical records are less common, so you may be clueless of the medical background of your child and his or her family.
Contact with Birth Parents
Unlike domestic adoption, it is relatively uncommon for the birth family to remain involved in any kind of international adoption.
Child Development
Your child may be a little older and used to a different language, and adaptation may take some time. You may also need to be prepared for any psychological problems your child has with previous living arrangements.
What are the costs of adopting a child?
Costs vary depending on the type of adoption you are seeking. An experienced adoption lawyer can help you make the decision to expedite the child adoption process more affordable.
How long does the process of adoption take?
The time taken depends on the circumstances, but typically the potential parent can expect the adoption process to take anywhere from several months to a few years.
This gives you time to complete a home study, file petitions, and negotiate any details that are exceptional to your case.
Who is eligible to adopt?
- Couples married for at least 2 years, or at least 5 years, if one has been divorced.
- Couples must be between 30 and 50 years of age; over 50 with some restrictions;
- Single females cannot be older than 45 years of age
- No LGBTQ persons or couples
- No two-time divorced persons
- Certain medical conditions have an impact on the ability of a person to adopt
Some children are in foster care, but most of them are in orphanages.
Referral vs Placement Timeline
Waiting for a referral may vary slightly depending on the level of special needs of the child. From the time China approves the acceptance of the referral, it is 4-8 weeks from the date of placement.
Travel Requirements
One visit, 4-5 weeks, but only one parent is required to make the trip.
Cheap International Adaptation from Nepal
Same-sex couples are not allowed to be accepted from India at this time.
Adoption could be challenging. It requires paperwork, patience, emotions, etc. For many, international adoption may seem more challenging than domestic adoption.
You’ve got to deal with not one, but two country requirements and bureaucratic, and there’s a lot of preparation.
You must have a source or a placement agency. This is the Hague Accredited Agency (for most countries) that is “licensed” to facilitate adoptions from specific countries. There are a lot of great placement agencies all over the country.
The source or placement agency is a requirement, as you can no longer proceed with independent international adoptions.
You’re going to need to wait. Communication may be low in some countries until a referral is received. This could be frustrating, because it is part of the adoption process. You’re going to have to prepare mentally before the process starts.
You are required to travel to the country of your child. You are required to travel to the country of origin of the child to pick up and bring your child home.
Some limitations may be made in some countries where only one parent needs to travel, but most of the time, both parents (if a married couple) are expected to travel.
You will need supervision after adoption. The process does not end when the child is at home. A certain number of post-accession visits by a social worker will be required for each country. Use these visits to share the great achievements, but also to be honest about the challenges.
Thorough Research
Do your homework on the country or countries that you’re interested in. When you search, you will find agencies specializing in that country. Watch YouTube adoption stories from that country, use Facebook to find groups or pages for people who have adopted from or adopted from that country.
Talk to People
Talk to as many people as you can and ask them what agency they have used. You want to find out if they would use the International Adoption Agency again, how was the communication, how was the travel arrangements, the timeline of the Agency, and the price of what they paid?
You’ve got options! Double check with the number of agencies involved. The international adoption agency that you use does not need to be in the state where you live, and you may never actually meet your caseworker.
Ask them to mail or email you a fee schedule for the country program and ask any other questions you may have.
Search for an agency that has been in the country of your choice for a number of years. These agencies will have established good relations with the orphanages and governments of your chosen country.
This is going to make a huge difference. If you’re really adventurous, you might be able to help the agency pilot a program in a new county, but make sure the agency has worked in similar nations.
Research Again
After you have narrowed down the agencies that you feel comfortable with, do your research at the Agency. Each agency must be licensed by a state authority and make sure you understand the difference between being licensed and being accredited.
Look them up in the Better Business Bureau. Read the review, good and bad. Check the date it was written when you look at a poor review.
GENERAL REFERENCES
Ask the Agency for and contact references. Agency references will, of course, be good, but they can answer truthfully about the communication between them and their caseworkers, the accuracy of the timeframe, and travel experience.
Using a relatively small international adoption agency can give you a one-on-one feel that you are looking for, and less competition can mean faster placement.
On the other hand, you may not need to hold your hand and feel that a larger agency will know exactly how to get the job done.
Should you have any questions please do not hesitate to contact us.
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.
3 Comments
hi .. is it possible to adopt from nepal..we are us citizen but was born in nepal
I am willing to adopt a male newborn child from Nepal. How much time and expense? What legal process be adopted?
Thank you. For legal assistance you may contact us at +977-9849517735 or you may visit us at our office.
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