The cases of family law are growing rapidly with new trends and issues like living together/ cohabitation, same-sex marriage/ gay and LGBT rights, and many more. Chapter 8 of the Civil Code,2074 B.S. has made legal provisions for adoption in Nepal. Section 169 says that if a person accepts a son or daughter of another person as his or her son or daughter, then such a son or daughter is adopted, son or daughter. As per section 170, adoption is to be made for the best rights and interest protection of the child.
Following persons can adopt a child under Section 172
- A couple who has no child born even after 10 years of marriage,
- An unmarried woman who has completed 45 years of age, a widow, a divorced woman or judicially separated woman, having no son or daughter,
- An unmarried man completed 45 years of age, a widower, divorced, or judicially separated man, having no son or daughter.
The age difference between the adopter and the adoptee should be at least 25 years. The adoption procedures need to be met like a deed of the adoption, the fulfillment of the legal requirements as per section 177, which is a little bit complex.
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