Section 197: Permission to be granted for adoption

1) If the Board considers, from an inquiry into the recommendation received from the selection committee pursuant to Section 196, that it is appropriate to grant a minor as recommended for adoption by a foreigner, it shall make an appropriate recommendation to the Government of Nepal.

2) If, upon an inquiry into the recommendation made by the Board pursuant to sub-section (1), it thinks reasonable to do so, the Government of Nepal shall, according to the recommendation of the Board, grant permission for the adoption of such a minor by the foreigner.

3) After permission has been granted pursuant to sub-section (2), the Government of Nepal shall issue a certificate relating thereto for that purpose.

4) After the certificate has been issued pursuant to sub-section (3), inter-country adoption shall be deemed to have duly been effected from Nepal.

5) Notwithstanding anything contained in sub-section (2), if, prior to granting permission for the adoption of any minor by a foreigner, the father, mother or other guardian of the minor desires to take the minor back, such a minor may not be granted for adoption.

6) If the Government of Nepal grants permission for the adoption of any minor by a foreigner pursuant to sub-section (2), the applicant shall appear in person and take over the concerned minor.

Provided that if the applicant is a couple and either of them is unable to appear in person, the other spouse may take over such a minor on the basis of the certified deed of consent executed by the absent spouse.

7) After permission has been granted for the adoption of any minor by a foreigner pursuant to this Section, the Government of Nepal shall give information thereof to the central agency responsible for inter-country adoption situated in the country of the adoptive person and also to the embassy of the concerned country designated for Nepal, if any.

8) A foreigner or couple making an adoption application may, if not satisfied with any decision made by the Government of Nepal, make an appeal to the concerned High Court.