Section 173: Adoption not to be effected

1) No one shall affect the 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 circumstances referred to in sub-section (3) of Section 175.

(c) One who has once been 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 a 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.

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.