Section 191: Child eligible to be given for adoption

Any of the following child eligible who have stayed in a children’s home for at least six months may be given to a foreigner for adoption:

(a) Orphan children who, upon the death of both father and mother, are not under the protection of anyone,

(b) Voluntarily abandoned children.

Explanation: For the purposes of this Chapter, –

(1) “Children’s 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’s home or Balmandir established by the Government of Nepal.

(2) “Orphan child” means any of the following children 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.

(3) “Voluntarily abandoned children” means the following children who have been surrendered to the custody of a children’s 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 the mother has concluded another marriage, such a mother,

(b) If more than one child has been 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 has been 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.