1. legal aspects of child adoption

Legal aspects in child adoption: Introduction, Importance, Adoption act of Nepal, Role of a Pediatric Nurse and Pediatrician, Provisions Relating to Adoption , Steps for Adoption, Documents required for adoption

1. Legal aspects in child adoption PrePARED by : Shalini mehta DEPARTMENT OF CHILD HEALTH NURSING

2. 8/20/2020 Shalini Mehta Introduction 2

3. Defination   Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents. In simple it’s a legal process in which future parents create a relationship with a child where it did not exist. 8/20/2020 Shalini Mehta 3

4. Why child adoption is Important? To control population explosion To provide a better future to the existing population. To save life of a Child. 8/20/2020 Shalini Mehta 4

5. Importance… To avoid any kind of treatments to those who cannot conceive; Treatments may affect peoples health and also save the costs involved in it. To provide a good Family. 8/20/2020 Shalini Mehta 5

6. ADOPTION ACT OF NEPAL According to the adoption rules of the Government in Nepal, infertile couples married for four years or even single women, widow, divorcee are eligible to adopt a child. The age difference between the adopted child and the parent should be not less than 35 and not more than 55 years. 8/20/2020 Shalini Mehta 6

7. ADOPTION ACT OF NEPAL… Only one child of each sex is allowed for adoption except in the cases of twins. If the willing adoptive parent has his/her own offspring, in that case, acceptance to adopt a child of another sex can be granted and in this case the adopted child should age less than the offspring. 8/20/2020 Shalini Mehta 7

8. ADOPTION ACT OF NEPAL… An application has to be submitted to adopt a Nepali son or a daughter. In case of married couples, the application should also include the infertility report, marriage certificate, family and economic condition statement, health, character certificates, copies of passport and visa and a letter of consent to adopt a Nepali child authorized by the officer of the concerned country. 8/20/2020 Shalini Mehta 8

9. ADOPTION ACT OF NEPAL… In the case of unmarried, divorced, windowed single parent, a guarantee letter written by the government of his/her country or the Embassy of his/her country in Nepal has to be submitted confirming that he/she who is taking the child in adoption shall bear the whole responsibility including nourishment and education of the child including the authorized evidence. 8/20/2020 Shalini Mehta 9

10. ADOPTION ACT OF NEPAL… Upon the approval of adoption, the child could travel to the country of the adoptive parents. Until the adopted child attains majority, the adoptive parent should inform the concerned orphanage, Royal Nepalese Embassy or Mission located in the concerned country and Ministry of Women Children and Social Welfare of His Majesty's Government, in writing, on the child’s growth, diet, education and health every year. 8/20/2020 Shalini Mehta 10

11. ADOPTION ACT OF NEPAL… The Royal Nepalese Embassy or Mission will also, on the basis of the documents submitted by the adoptive parents and information sent by the Government of Nepal, submit a monitoring report confirming the growth, diet, education and health of the adopted son/daughter, until he/she attains majority, is in accordance with the conditions to the Ministry of Women, Children and Social Welfare. 8/20/2020 Shalini Mehta 11

12. Role of a Pediatric Nurse and Pediatrician Counsel and teach adoptive parents about the process of adoption Teach parents who wish to relinquish their child due to any reason, the correct procedure and do not leave children in public places or in unhealthy surroundings as this is unsafe and traumatizing; 8/20/2020 Shalini Mehta 12

13. Role of a Pediatric Nurse and Pediatrician… Discourage private adoptions, since these are illegal. Examine carefully babies brought from placement agencies, and explain a realistic diagnosis and prognosis to the adoptive parents Repeat all essential tests that have a window period (HIV: hepatitis B) after 3--6 months, before placement. Provide a supportive attitude to encourage adaptive parents to overcome their fears. 8/20/2020 Shalini Mehta 13

14. Provisions Relating to Adoption To be deemed adopted son or adopted daughter Adoption to be effected in a manner to protect the best interests of child Prohibition on adoption by person having child Adoption may be effected Adoption not to be effected Difference of age between adopter and adoptee 8/20/2020 Shalini Mehta 14

15. Provisions Relating to Adoption… 6. Consent to be obtained for adoption 7. Adoption deemed to have been effected by couple themselves 8. Procedures for effecting adoption 9. Entitlements and rights of adopted son or daughter 10. Surname of adopted son or daughter 11. Not allowed to claim partition share of father and mother 12. Adoptive person's obligations 8/20/2020 15

16. Provisions Relating to Adoption… 13. Obligations of adopted son or daughter 14. Facility of visit and making correspondences to be provided 15. Adoption to be void 16. Voidable adoption 17. Termination of adoption 18. Statute of limitation 8/20/2020 Shalini Mehta 16

17. Provisions… 1. 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. 8/20/2020 Shalini Mehta 17

18. 2. 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. 8/20/2020 Shalini Mehta 18

19. 3. 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. (2) 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. 8/20/2020 Shalini Mehta 19

20. 4. 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, 8/20/2020 Shalini Mehta 20

21. (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. 8/20/2020 Shalini Mehta 21

22. (2) 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, 8/20/2020 Shalini Mehta 22

23. (c) One who does not have financial capacity to afford maintenance, health care, education, sports facility, entertainment and care of the minor. 8/20/2020 Shalini Mehta 23

24. (3) In effecting adoption by the husband or wife living in a joint family pursuant to this Section, they shall obtain each other's consent. 8/20/2020 Shalini Mehta 24

25. 4. 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 Section175. 8/20/2020 Shalini Mehta 25

26. (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. 8/20/2020 Shalini Mehta 26

27. (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 ex-husband of the wife, that person may be adopted even though he or she has completed fourteen years of age. 8/20/2020 Shalini Mehta 27

28. 5. Difference of age between adopter and adoptee: (1)The age difference between the adopter and the adoptee shall be at least twenty-five years. (2) Notwithstanding anything contained in sub-section (1), no age restriction shall apply to the adoption of a person within the relation of three generations. 8/20/2020 Shalini Mehta 28

29. 6. 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. 8/20/2020 Shalini Mehta 29

30. (2) 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. 8/20/2020 Shalini Mehta 30

31. (3) 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. 8/20/2020 Shalini Mehta 31

32. (4) 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. (5) 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. 8/20/2020 Shalini Mehta 32

33. (6) 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. (7) No financial inducement of any type shall be made in obtaining consent pursuant to this Section and such consent requires to be given voluntarily. 8/20/2020 Shalini Mehta 33

34. 7. 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. 8/20/2020 Shalini Mehta 34

35. 8. 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. 8/20/2020 Shalini Mehta 35

36. (2) If, upon inquiring into the deed of adoption received pursuant to sub-section (1), the concerned 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. 8/20/2020 Shalini Mehta 36

37. (3) 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 there of to the petitioner. 8/20/2020 Shalini Mehta 37

38. 9. 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. 8/20/2020 Shalini Mehta 38

39. (2) 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. 8/20/2020 Shalini Mehta 39

40. 10. 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- (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. 8/20/2020 Shalini Mehta 40

41. (2) If the adoption is annulled, his or her surname shall be that of his or her biological father or mother. 8/20/2020 Shalini Mehta 41

42. 11. 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. 8/20/2020 Shalini Mehta 42

43. Provided that- (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, (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. 8/20/2020 Shalini Mehta 43

44. 12. Adoptive person's obligations: (1) The obligations of an adoptive person shall be as follows: (a) To make arrangements for the maintenance, healthcare, 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, 8/20/2020 Shalini Mehta 44

45. (b) To protect the rights and interests of the adopted son or daughter, (c) To exercise the authority as referred to in Chapter-5of this Part. (2) If the adoptive person does not fulfill the obligation under sub-section (1), the adopted son or daughter may live separately by obtaining his or her partition share. 8/20/2020 Shalini Mehta 45

46. 13. Obligations of adopted son or daughter: The obligations of the adopted son or daughter shall be as follows: To make arrangements for the maintenance, healthcare 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, 8/20/2020 Shalini Mehta 46

47. (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. 8/20/2020 Shalini Mehta 47

48. 14. 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. 8/20/2020 Shalini Mehta 48

49. 15. 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. 8/20/2020 Shalini Mehta 49

50. 16. 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. 8/20/2020 Shalini Mehta 50

51. (2) 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, (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, 8/20/2020 Shalini Mehta 51

52. (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. 8/20/2020 Shalini Mehta 52

53. (3) The provisions of clauses (a) and (d) of sub-section (2)shall not apply to the married adopted daughter. 8/20/2020 Shalini Mehta 53

54. 17. 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. 8/20/2020 Shalini Mehta 54

55. (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. 8/20/2020 Shalini Mehta 55

56. 18. 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. 8/20/2020 Shalini Mehta 56

57. Steps for Adoption Registration Home study and counseling Referral of a child Acceptance of a child Filing of petition Pre-adoption foster care Court hearing Court order Follow -up 8/20/2020 Shalini Mehta 57

58. Documents required for adoption Adoption application Password size photo (Husband and Wife) Marriage certificate and proof of age Reason for adoption Latest HIV and Hepatitis B report of couple Income certificate 8/20/2020 Shalini Mehta 58

59. Documents required for adoption Proof of Residence Investment details Reference letter from 3 people Any other document which may required 8/20/2020 Shalini Mehta 59

60. 8/20/2020 Shalini Mehta 60

61. Bibliography Adoption | U.S. Embassy in Nepal [Internet]. U.S. Embassy in Nepal. 2019 [cited 21 December 2019]. Available from: https://np.usembassy.gov/u-s-citizen-services/child-family-matters/adoption/ Domestic Adoption | Nepal Children's Organization(Bal Mandir ) NCONepal [Internet]. Nconepal.org.np. 2019 [cited 21 December 2019]. Available from: http://www.nconepal.org.np/what-we-do/adoption-2/domestic-adoption Network V. Nepal Child Adoptions, government rules, regulations, orphanage and application information - VisitNepal.com [Internet]. Visitnepal.com. 2019 [cited 21 December 2019]. Available from: https://www.visitnepal.com/nepal_information/nepal_child_adoptions.php 8/20/2020 Shalini Mehta 61

62. Bibliography… Nepal Intercountry Adoption Information [Internet]. Travel.state.gov. 2019 [cited 21 December 2019]. Available from: https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Nepal.html Child adoptation | Volunteering in Nepal, Volunteer in Nepal [Internet]. Volunteersummernepal.org. 2019 [cited 21 December 2019]. Available from: http://www.volunteersummernepal.org/child-adaptation child adoption [Internet]. 2019 [cited 21 December 2019]. Available from: https://resourcecentre.savethechildren.net/node/1661/pdf/1661.pdf 8/20/2020 Shalini Mehta 62

63. Thank you 8/20/2020 Shalini Mehta 63