NEPAL ADOPTION

Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child in Nepal and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of Nepal govern all activity in Nepal including the adoptability of individual children as well as the adoption of children in country. 2) U.S. Federal immigration law governs the immigration of the child to the United States. The information in this flier relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of Nepal and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

The Department of State has issued a Travel Warning for Nepal. Please review the latest information on travel to Nepal at http://travel.state.gov/ . All visitors to Nepal must obtain a visa. Visas can be obtained prior to departure from the Nepalese Embassy in Washington, DC or upon arrival at Tribhuvan International Airport in Kathmandu. It is preferable for travelers who plan to arrive overland from India to obtain a visa prior to arrival in Nepal. More information about visas for travel to Nepal can be found at http://www.immi.gov.np/touristvisa.php. U.S. citizens wishing to adopt a child in Nepal must meet both U.S. requirements and the requirements set by the Government of Nepal (GON). Procedures for foreign adoptions in Nepal are unpredictable and the Government of Nepal's requirements are not enforced in a uniform manner. The GON frequently changes requirements with little notice. Visa fraud of all types is at high levels in Nepal and is a significant problem facing potentially adoptive parents. As a result of high levels of visa fraud, the U.S. Embassy in Kathmandu must carefully investigate 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 issuing the visa. If based on the investigation the Embassy determines that the child does not meet the definition of orphan under U.S. immigration law, the US Embassy in Kathmandu may be refer the case to the Department of Homeland Security for review and further action. Potential adoptive parents should be aware that under Nepalese law, single mothers or
married mothers who have been left by their husbands are faced with 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, either willingly or through a court order, 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.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:
Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans
Fiscal Year Number of Immigrant Visas Issued
FY 2004 73
FY 2003 42
FY 2002 12
FY 2001 5
FY 2000 13

ADOPTION AUTHORITY IN NEPAL:
The Ministry of Women, Children and Social Welfare is the Nepalese Government office responsible for adoptions in Nepal. Officially, the Ministry has recognized the Nepal Children's Organization (NCO), also known as Bal Mandir, to process adoptions, although adoptions through orphanages other than NCO/ Bal Mandir are possible.

Ministry of Women, Children and Social Welfare,
Singha Durbar, Kathmandu
Telephone No. 4241465, 4240408, 4241728

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:
Nepalese law sets out the following age and civil status requirements: The age difference between prospective parents and the adoptive child must be at least 30 years; The couple must have been married for at least 4 years prior to filing an application and be "infertile;" Single women between the age of 35 and 55 may also adopt.

Children (either male or female) under the age of 16 may be adopted. If the prospective adoptive parents already have a child of their own, GON regulations state they can adopt a Nepali child of the opposite sex of their first child. Siblings of the opposite sex can be adopted together if other qualifications are met. Families that already have two children may not adopt in Nepal, as the total number of children in a family after the adoption cannot exceed two. RESIDENTIAL REQUIREMENTS: There are no residency requirements for adopting an orphan from Nepal.

TIME FRAME: Most orphanages in Nepal will not assign a child to adoptive parents until there is evidence that the I-600A has been approved by USCIS. The process from the approval of the I-600A by USCIS to the approval of the adoption by the GON varies in length from 6 months to 2 years. Adoptive parents adopting children over the age of 3 years often find their cases are completed in 6 to 9 months. Adoptions in Nepal may be completed with one trip to Nepal; however, some adoptive parents elect to travel to Nepal twice. On the first visit, they meet the child and complete initial paperwork. They then return to Nepal when the adoption is approved by the GON to file the immigrant visa petition.

ADOPTION AGENCIES AND ATTORNEYS :
Most adopting families work with an adoption agency in the US to adopt from an orphanage in Nepal. Some orphanages have established relationships with specific adoption agencies in the US and only work with those US international adoption agencies. There are orphanages that will process an adoption directly with the adopting parent, without the assistance or work of a US adoption agency. The Government of Nepal does not require adopting parents to work with specific agencies in the US or in Nepal.

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 licensing officeof the Department of Health and Family Services in the state where the agency is located. The U.S. Embassy in Nepal is currently compiling a list of agencies known to work in Nepal and a list of English-speaking Nepali attorneys that are available upon request. The Department of State does not assume any responsibility for the quality of services provided by these private adoption agencies, attorneys or their employees Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.

ADOPTION FEES IN NEPAL:
The Ministry of Women, Children and Social Welfare has a fee of $300.00 for the adoption of an orphan from Nepal. Orphanages and local facilitators in Nepal often charge additional fees to process the adoption and care for the child once the child has been assigned to an adoptive parent but prior to the approval of the adoption by the GON. These fees vary widely. Adoptive parents have reported a wide variance in fees (between $3,000 – 17,000) charged by Nepalese orphanages, which are largely unregulated by the Government of Nepal. 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. ADOPTION PROCEDURES: Prospective parents may adopt through Nepal Children's Organization (Bal Mandir) or through a private agency. Adoptive parents in Nepal sign many documents in the process of completing an adoption. Many of these documents are in Nepali and English translations are not routinely provided. Parents are encouraged to have documents translated before they are signed. NCO will review your application and determine if you are eligible to adopt. The U.S. Embassy has no authority to challenge or change a decision by NCO to deny an application. Denial by NCO does not mean a definitive end to the process; parents may be still able to proceed with a private agency.

Adoption Guarantee Letter
The GON 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 Ministry of Women, Children and Social Welfare, serves to assure the GON that the adoptive parent(s) have been approved by the US Government to be adoptive parents and that, if legally qualified, the child will be a US Citizen. The letter must be signed by the adoptive parent(s) and by a consular officer at the US Embassy in Kathmandu. The letter must be accompanied by notarized copies of the adoptive parents' passport(s) with original signatures of the parent and the notary and photographs of the child and parent(s). This letter is completed after the child is assigned to the parents.

Government of Nepal: Next Steps Once the case has been reviewed by the NCO or another private agency, a 5-member committee at the Ministry of Women, Children and Social Welfare reviews each adoption file. The frequency of these meetings depends on the availability of the committee members. If the committee deems that everything is in order, they will recommend the case to the Legal Section of the Ministry for further processing. Once the Legal Section reviews the case and issues a positive recommendation, the Secretary of the Ministry of Women, Children and Social Welfare issues and signs the final adoption decree in English. Adoptive parents must be physically present in Nepal to take custody of the child once the final adoption is pronounced.
This step in the process varies in length. While some cases are processed in as little as three weeks, some take as long as six months, depending on the political situation and the Circumstances of an individual case. Further questions about the adoption process on the Nepalese side should be addressed to a foreign legal counsel.

Nepalese Travel Document
Once adoptive parents obtain the adoption decree, they will also need to obtain a travel document (passport) for the child through the Nepalese Ministry of Foreign Affairs. DOCUMENTS REQUIRED FOR ADOPTION IN NEPAL : If an adoption is processed through a private agency, in addition to the information listed above for NCO adoptions, the parent(s) must also obtain a favorable recommendation from the District Administration Office where the child resides; and a death certificate(s) and/or a affidavit(s) of consent and irrevocable release of the child of biological parent(s) for purposes of emigration. Once a child is identified, the adoption can be handled directly through the Ministry of Women, Children and Social Welfare. Many who choose the private adoption route find it useful to have an adoption lawyer or contact person in Nepal to help navigate the process.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:
Presently, the GON does not require all documents to be authenticated, although some documents may need to be. All U.S. documents submitted to the Nepalese government/court must be authenticated. Nepal is a party to the Hague Legalization Convention. Generally, U.S. civil records, such as birth, death, and marriage certificates, must bear the seal of the issuing office and an apostille affixed by the state's Secretary of State (an apostille is a special seal applied to a document to certify that a document is a true copy of an original). Documents must be apostilled in the state where they are issued. Tax returns, medical reports and police clearances should likewise be authenticated. Prospective adopting parents should contact the Secretary of State of the state where documents originated from for instructions and fees for authenticating documents. Documents issued by a federal agency must be authenticated by the U.S. Department of State Authentications Office, 518 23rd St., N.W., Washington, D.C. 20520, (202) 647-5002 Fee: $6.00. For additional information, call the Federal Information Center: 1-800-688-9889, and choose option 6 after you press 1 for touch tone phones. Walk-in service is available from 7:30 a.m. to 11:30 am Monday-Friday, except holidays and is limited to 15 documents per person per day (documents can be multiple pages). Processing time for authentication requests sent by mail is 5 working days or less. Please visit our Web site at travel.state.gov for additional information about authentication procedures.