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INTERCOUNTRY ADOPTION – Nepal

For the latest information about intercountry adoptions from Nepal, visit: http://adoption.state.gov/country/nepal.html

ADOPTION NOTICE – 01/08/09

Nepal is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).  Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, intercountry adoption processing for Nepal did not change. 

On January 1, 2009, the Government of Nepal announced that it has resumed intercountry adoptions following implementation of new terms and conditions passed by the Nepali Cabinet on May 2, 2008.  The Ministry of Women, Children and Social Welfare (WCS), the Ministry in charge of International adoptions in Nepal, had suspended the adoption of Nepalese children by foreigners on May 8, 2007, pending approval of reforms of the adoption process by the Nepalese Cabinet.  Now that new terms and conditions have been implemented, Nepal has resumed intercountry adoptions.
Some changes introduced by the new terms and conditions include:

  • The WCS Ministry, not the orphanages, will be responsible for matching children with adopting parents.
  • Documented efforts by the orphanages to find an abandoned child’s natural parents will be intensified, as well as efforts to promote domestic adoption of these children by Nepalese families in Nepal as a first preference.
  • Adoption agencies must be approved by WCS in order to work in Nepal, and prospective adoptive parents must apply to adopt through these approved agencies.  

Last Updated:  January 2009

DISCLAIMER

WHO CAN ADOPT

To bring an adopted child to United States from Nepal, you must be found eligible to adopt by the U.S. Government.  The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.

U.S. citizens wishing to adopt a child in Nepal must meet both U.S. requirements and the requirements set by the Nepalese Government.  Procedures for foreign adoptions in Nepal are unpredictable and the Nepalese Government requirements are not enforced uniformly.  The Nepalese Government frequently changes requirements with little notice.

In addition to these U.S. requirements for adoptive parents, Nepal also has the following requirements for adoptive parents:

  • RESIDENCY REQUIREMENTS:  There are no residency requirements for adopting in Nepal.
  • AGE REQUIREMENTS:  The age difference between prospective parents and the adoptive child must be at least 30 years.
  • MARRIAGE REQUIREMENTS:  The couple must have been married for at least four years prior to filing an adoption application.  Single women between the age of 35 and 55 may also adopt.  Single men may not adopt.

    WHO CAN BE ADOPTED

Nepal has specific requirements that a child must meet in order to be eligible for adoption.  You cannot adopt a child in Nepal unless he or she meets the requirements outlined below. 

In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her home back to the United States. Learn more  about these U.S. requirements.

Under Nepalese law, single mothers or married mothers who have been left by their husbands must meet stringent requirements regarding the relinquishment of their children for adoption.  Fathers have twelve years from the child’s birth to claim the child and assert custody rights.  Unless a mother identifies the father and he agrees, in writing, to the child’s adoption, the child will not be eligible for adoption.  This can result in uncertainties as to a whether a child is actually eligible for adoption and may result in further investigations and delays.

ELIGIBILITY REQUIREMENTS:

  • AGE REQUIREMENTS: Children under the age of 16 may be adopted.
  • SIBLING REQUIREMENTS:  If the prospective adoptive parents already have a child or children of their own, Nepalese Government regulations state they only adopt a Nepalese child of the opposite sex of their biological child or children.  Siblings of the opposite sex can be adopted together if other qualifications are met.

HOW TO ADOPT

Nepalese Adoption Authority
The Ministry of Women, Children and Social Welfare (WCS) has sole authority to both process adoptions and to match the children through matching committees; the orphanages no longer have a role in matching children.

The Process

The process for adopting a child from Nepal generally includes the following steps:

  1. Choose an Adoption Service Provider
  2. Apply to be Found Eligible to Adopt
  3. Be Matched with a Child
  4. Adopt the Child in Nepal
  5. Apply for the Child to be Found Eligible for Adoption
  6. Bring Your Child Home

1.  Choose an Adoption Service Provider:  

The first step in adopting a child from Nepal is usually to select a licensed agency in the United States that can help with your adoption.  Adoption service providers must be licensed by the U.S. state in which they operate.   Learn more about choosing the right adoption service provider.

Most adoptive families work with an adoption agency in the U.S. to adopt  a child in Nepal .  The U.S. Embassy in Kathmandu encourages all parents to work through a U.S. agency, as the adoption process in Nepal is quite complex; furthermore, experienced agencies are able to provide support and counseling services before, during, and after the adoption.  The Nepalese Government does not require adoptive parents to work with specific agencies in the U.S. or Nepal.  Only designated orphanages in Nepal are approved to process intercountry adoption cases.  The U.S. Embassy in Kathmandu does not maintain a list of U.S. agencies or Nepalese orphanages processing intercountry adoption cases in Nepal as these may change frequently. 

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing authority in the U.S. state where the agency is located or licensed.

2.  Apply to be Found Eligible to Adopt:  

To bring an adopted child from Nepal to the United States, you must apply to be found eligible to adopt (Form I-600A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).  Learn how.   

In addition to meeting the U.S. requirements for adoptive parents, you need to meet the requirements of Nepal as described in the “WHO” tab. 

Adoptive parents in Nepal sign many documents in the process of completing an adoption.  Many of these documents are in Nepalese, and English translations are not routinely provided.  Parents are encouraged to have documents translated before they are signed.  Shree Law Book Management Board is the official Governmental translation office.  The office is located in Babar Mahal, Kathmandu.  The U.S. Embassy requires both the original and the official translation of all case documents at the time of the immigrant visa interview.  Please see the “Applying for a Visa for your Child at the U.S. Embassy in Nepal” section of this handout for a list of the required documents. 

3.  Be Matched with a Child: 

If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Nepal will provide you with a referral to a child.  Each family must decide for itself whether or not it will be able to meet the needs of a particular child and provide a permanent family placement for the referred child. 

The child must be eligible to be adopted according to Nepal’s requirements, as described in the “Who” tab.  The child must also meet the definition of an orphan under U.S. law. Learn how

The Nepalese Government requires that all adoptive parents complete and sign a “Guarantee Letter.”  This letter, which is made part of the dossier that is submitted to the WCS serves to assure the Nepalese Government that the adoptive parents have been approved by the U.S. Government to be adoptive parents and that, if legally qualified, the child will be eligible to immigrate to the United States.  The Guarantee Letter is a requirement of the Nepalese Government, not of the United States Government.

4.  Adopt the Child (or Gain Legal Custody) in Nepal:  

The process for finalizing the adoption (or gaining legal custody) in Nepal generally includes the following:

  • ROLE OF THE ADOPTION AUTHORITY:  The Ministry of Women, Children and Social Welfare (WCS) is the Nepalese Government office responsible for adoptions in Nepal.

  • ROLE OF ADOPTION AGENCIES:  Most adoptive families work with an adoption agency in the U.S. to adopt a child in Nepal. 

  • ROLE OF U.S. EMBASSY:  The U.S. Embassy regularly meets with the Nepalese Government, and specifically the Ministry of Women, Children and Social Welfare (WCS), on a variety of adoption issues and to advocate for the general interests of U.S. adopting parents.  The U.S. Embassy is not able, however, to intervene on behalf of individual cases or expedite the Nepalese Government adoption process.

  • TIME FRAME:  The process from the approval of the I-600A and the issuance of the Guarantee Letter to the approval of the adoption by the Nepalese Government varies in length from six months to two years.  The process for adopting children over the age of three years sometimes is completed in a shorter time period.  The timing is often uneven and inconsistent; changes in the security situation or the Government may lead to additional delays.  Recent changes in adoption regulations may significantly impact adoption processing in Nepal.  Only one visit is required.  After the dossier is submitted, a match is made, and an adoption decree will be issued.

  • ADOPTION FEES:  The Ministry of Women, Children and Social Welfare charges a fee of $300 for the adoption of an orphan from Nepal.  Orphanages and local facilitators in Nepal often charge additional fees to process the adoption and to care for the child once the child has been assigned to adoptive parents but prior to the Nepalese Government approval of the adoption by the Nepalese Government.  These fees vary widely.  Adoptive parents have reported a wide variance in fees (between $3,000 – $17,000 USD) charged by Nepalese orphanages, which are largely unregulated by the Nepalese Government.  Many parents have reported that orphanages have charged them new and unexpected fees once the parents arrive in Nepal.  Prospective parents are advised to obtain detailed receipts for all fees and donations paid to orphanages, either by the parents directly or through their U.S. adoption agencies.  The U.S. Embassy requires a copy of receipts and information on fees paid in the U.S. and in Nepal at the time of the immigrant visa interview.

  • DOCUMENTS REQUIRED:

  • The Nepalese Government requires that all adoptive parents complete and sign a “Guarantee Letter.”  This letter, which is made part of the dossier that is submitted to the WCS serves to assure the Nepalese Government that the adoptive parents have been approved by the U.S. Government to be adoptive parents and that, if legally qualified, the child will be eligible to immigrate to the United States.
  • The full names of the parents, dates of  birth, passport numbers and permanent legal address are required for inclusion in the Guarantee Letter.
  • In addition, the Embassy needs to have on file an approved (and current) I-600A and a Visas 37 cable in hand before we can issue a Guarantee Letter.
  • NOTE:  Additional documents may be requested.  If you are asked to provide proof that a document from the United States is authentic, we can help

    5.  Apply for the Child to be Found Eligible for Adoption
    After you finalize the adoption (or gain legal custody) in Nepal, the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) MUST determine whether the child is eligible under U.S. law to be adopted (Form I-600).  Learn how.

    6.  Bring Your Child Home

    Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home.   Specifically, you need to apply for several documents for your child before he or she can travel to the United States:

    Birth Certificate
    The parents need to have the child’s original Nepali birth certificate in hand.

    Nepalese Travel Document
    Your child is not yet a U.S. citizen, so he/she will need a travel document from the Nepali government.  Once adoptive parents obtain the adoption decree, they will also need to obtain a travel document for the child through the Nepalese Ministry of Foreign Affairs.  Generally, the Nepalese travel document is valid only for one-way travel to the United States and countries en route.

    U.S. Immigrant Visa
    After you obtain the travel document for your child, you also need to apply for an U.S. visa from the United States Embassy for your child.  After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy for final review and approval of the child’s I-600 petition and to obtain a visa for the child.  This immigrant visa allows your child to travel home with you.  As part of this process, the Consular Officer must be provided the “Panel Physician’s” medical report on the child if it was not provided during the provisional approval stage.

    Since there is no direct flight to the U.S. from Nepal the U.S. Embassy recommends that adoptive parents confirm with the countries that they will transit what visa requirements, if any, exist for the child.  As the child will travel back to the U.S. on a Nepalese travel document (not a Nepalese passport), visa requirements may vary from those for U.S. or Nepalese citizens.

    Prospective adoptive parents should also be aware that high levels of visa fraud in Nepal include fabricated documents or real documents fraudulently obtained.  As a result, the U.S. Embassy in Kathmandu must carefully investigate all orphan visa cases to determine whether the child meets the definition of an orphan under U.S. immigration law.  The need for investigations may result in delays in the visa process and issuing the visa.  Cases deemed not clearly approvable by the U.S. Embassy in Kathmandu will be referred to the Department of Homeland Security (DHS) for review.

    Child Citizenship Act

    For adoptions finalized abroad:  The Child Citizenship Act of 2000 allows your new child to acquire American citizenship automatically when he or she enters the United States as lawful permanent residents.      

    For adoptions finalized in the United States: The Child Citizenship Act of 2000 allows your new child to acquire American citizenship automatically when the court in the United States issues the final adoption decree. 

    *Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible.  Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting. 

    Learn more about the Child Citizenship Act.     

    Statistics

    Adoptions From Nepel To The United states 

    Fiscal Year

    Number of Visas Issued

    FY 2008

                         54

    FY 2007

    42

    FY 2006

    66

    FY 2005

    62

    FY 2004

    73

    FY 2003

    42

    FY 2002

    12

    FY 2001

    6

            FY 2000

                         13

            FY 1999

                          3 

    TRAVELING ABROAD

    Applying for Your U.S. Passport. Only the U.S. Department of State has the authority to grant, issue, or verify United States passports.

    Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which Passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.

    Obtaining Your Visa
    In addition to a U.S. Passport, you also need to obtain a visa.  A visa is an official document issued by a foreign country that formally allows you to visit. Visas are attached to your passport and allow you to enter a foreign nation.

    All visitors to Nepal must obtain a visa.  To find information about obtaining a visa for Nepal, see the Department of State’s Country Specific Information

    Staying Safe on Your Trip
    Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country.  The State Department is a good place to start.

    The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability. 

    Staying in Touch on Your Trip
    When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there’s a family emergency in the United States, or a crisis in Nepal, registration assists the U.S. Embassy or Consulate in reaching you.

    Registration is free and can be done online.

    AFTER ADOPTION

    What does Nepal require of the adoptive parents after the adoption?

    Nepal does not have any post-adoption requirements.

    What resources are available to assist families after the adoption?

    Many adoptive parents find it important to find support after the adoption.  Take advantage of all the resources available to your family -- whether it’s another adoptive family, a support group, an advocacy organization, or your religious or community services. 

    Here is a good place to start your support group search:

    Note:  Inclusion of non-U.S. Government links does not imply endorsement of contents. 

    CONTACT INFORMATION

    U.S. Embassy in Nepal
    Maharajgunj, Kathmandu
    Tel.: 977-1-400-7200
    Fax: 977-1-400-7281
    E-mail: adoptionsnepal@state.gov
    Internet: http://nepal.usembassy.gov  

    Nepal’s Children Authority
    Central Office, Bal Mandir, Naxal
    P O Box 6967, Kathmandu, Nepal
    Tel:  4 411202, 4 410 844, 4 419 219
    Fax: + 977 1 4 414 485
    E-mail: info@nconepal.org
    Internet: www.nconepal.org   

    Royal Nepalese Embassy
    2131 Leroy Pl NW
    Washington, DC 20008
    Tel: 202-667-4550
    Internet: www.nepalembassyusa.org 

    Office of Children’s issues
    U.S. Department of State
    2201 C Street, NW
    SA-29
    Washington, DC 20520
    Tel:  1-888-407-4747
    E-mail:  AskCI@state.gov
    http://adoption.state.gov

    U.S. Citizenship and Immigration Services (USCIS)
    For questions about immigration procedures, call the National Customer Service Center (NCSC)1-800-375-5283 (TTY 1-800-767-1833)

    APPLYING FOR A VISA FOR AN ADOPTED CHILD AT THE U.S. EMBASSY IN NEPAL:


    When adoptive parents receive the adoption decree from the Nepalese Government and the other required documents parents can file the I-600 Petition to Classify a Child as an Orphan and apply for an immigrant visa.  Adoptive parents may come to the U.S. Embassy between 1:30 p.m. and 4:00 p.m.  Monday-Friday to request the required forms.  Once all the supporting documents, including the child’s Government of Nepal-issued travel document have been presented at the U.S. Embassy, the I-600 petition can be filed and the final visa interview will be scheduled.  The following documents are required by the U.S. Embassy in Kathmandu for the filing of the petition and application for the immigrant visa:
    • Travel document issued by the Nepalese Ministry of Foreign Affairs;
    • Completed DS-230 Forms part I and II (available from the U.S. Embassy);
    • Completed I-600 form with original signature of petitioner and petitioner’s spouse, if applicable (form available from the U.S. Embassy) and the approved I-600A and notification from DHS known as a Visas 37 cable);
    • The final adoption decree issued by WCS;
    • Adoptive parents’ proof of citizenship and marriage certificate, if applicable, and power of attorney, if applicable;
    • Copy of the home study;
    • Affidavit of Support (I-864) with most recent year’s tax returns;
    • Receipts and detailed information on fees paid in the U.S. and in Nepal;
    • Medical Exam completed by Embassy panel physician (http://kathmandu.usembassy.gov/medical_exam.html);
    • Documentation of when adoptive parents met the child;
    • Two photographs of the child (2" x 2");
    • $400 fee payable in U.S. dollars or Nepali rupees;
    • All original documents and official English translations including:

    --Birth certificate of the child
    --Proof that the child is an orphan (evidence of unconditional and irrevocable release and abandonment to an orphanage, death certificate, police report or evidence of the surviving parent’s inability to support the child)
    --CDO certification of orphan status
    --Any other case documents

    • Proof that the child has received necessary vaccinations (or a signed affidavit from parents indicating that the child will receive the vaccinations within 30 days after his/her admission into the U.S.) This is available from the U.S. Embassy at the time of the interview.

    Note:
    • The interviewing officer will complete the orphan investigation form (I-604) at the time of the interview.  Adopting parents do not need to submit this form.

    Appointments are scheduled on a first come first served basis.  Adoptive parents must appear in person at the U.S. Embassy in Kathmandu to schedule an appointment.  Although the final visa interview appears to involve a single action, which may be completed quickly, the consular officer must perform several different steps required by U.S. law and regulation.  The officer must review the I-600 petition, verify the child's status as an orphan, establish that the prospective parents have legal custody, survey the child's medical condition and confirm that the child has the required travel documentation.  Cases found to be "not clearly approvable" must be forwarded to the regional DHS office.  This step can add significant time to the processing of a case and is not uncommon.  Please do not confirm return travel plans until the immigrant visa has been approved and issued by the U.S. Embassy.

    Types of Immigrant Visas: IR3 or IR4

    While there are several considerations for the IR3 (orphans adopted abroad) and IR4 visas (orphans to be adopted in the United States), the final determination is made by the consular officer at the time of the interview. 

    To file a petition for either an IR3 or IR4 visa, all the pre-adoption requirements of the state of residence must be met and the I-600 must be fully completed before the parents can sign the form.  If an IR-4 immigrant visa is issued, the parents will need to complete the adoption process in the United States.  Adoptive parents are responsible for documenting all pre-adoption conditions of the state in which they are adopting have been met. 
     
    U.S. Embassy In Nepal:  Please send an email to the Consular Section to inform us of your travel plans and confirm the dates that the Embassy and Nepalese government offices might be closed due to U.S. and local holidays.  Adoptive parents are also requested to register with the Consular Section of the U.S. Embassy in Kathmandu before traveling to Nepal.  Register online at: State Department Travel Registration.  The U.S. Embassy in Kathmandu requests that prospective parents visit the Consular Section during American Citizen Service hours in the afternoons between 1:30pm and 4:00pm.  Officers and the adoption unit are not available in the mornings to assist adoptive parents. 
    The Consular Section is located at:

    Embassy of the United States of America
    Maharajgunj, Kathmandu, Nepal
    Tel.: 977-1-400-7200
    Fax: 977-1-400-7281
    e-mail:  adoptionsnepal@state.gov
    website: http://nepal.usembassy.gov

    Note: The U.S. Embassy in Kathmandu must carefully investigate all orphan visa cases to determine whether the child meets the definition of an orphan under U.S. immigration law.  The need for investigations may result in delays in the visa process and issuing the visa.  Cases deemed not clearly approvable by the U.S. Embassy in Kathmandu will be referred to the Department of Homeland Security (DHS) for review.

    ACQUIRING U.S. CITIZENSHIP:  A child who enters the United States on an IR4 visa (to be adopted in the United States) will acquire American citizenship when the adoption is full and final in the United States.  An adopted child who enters the United States on an IR3 visa (full and final adoption occurred abroad) will be accorded U.S. citizenship upon reaching U.S. soil.  For further information: http://travel.state.gov/family/adoption/info/info_457.html.

    ADDITIONAL INFORMATION:  Specific questions about adoption in Nepal may be addressed to the Consular Section of the U.S. Embassy in Nepal, 977-1-400-7200 or adoptionsnepal@state.gov.  General questions regarding international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C.  20520-4818, toll-free Tel: 1-888-407-4747.

    Useful information is also available from several other sources:

    Telephone:
    • Toll Free - For information on intercountry adoption and International parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.

    • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.

    • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).


    Internet :
    • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
    • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information (CSI) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
      • USCIS web site - http://www.uscis.gov/.

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