Conditions and Requirements for Adoption

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 Conditions for Adoption 


National Civil Code,2074

Section -172:Adoption may be effected

(1) The following person may effect adoption of a child: 

(a) A couple to whom no child has born even up to ten years of the marriage, 

(b) An unmarried woman having completed forty-five years of age, a widow, divorcee woman or judicially separated woman, having no son or daughter, 

 (c) An unmarried man having completed forty-five years of age, a widower, divorcee or judicially separated man, having no son or daughter. 

(2) Notwithstanding anything contained in sub-section (1), 

the following person cannot effect adoption: 

(a) One who is of unsound mind, 

(b) One who is convicted by the court of a criminal offense involving moral turpitude, 

(c) One who does not have financial capacity to afford maintenance, health care, education, sports facility, entertainment and care of the minor.

(3) In effecting adoption by the husband or wife living in a joint family pursuant to this Section, they shall obtain each other's consent.


i.e. An able man or woman who does not have a son or a daughter after divorce or judicial separation can adopt son or daughter at any time.


Section- 174: Difference of age between adopter and adoptee

 (1) The age difference between the adopter and the adoptee shall be at least twenty-five years. 

 (2) Notwithstanding anything contained in sub-section (1), no age restriction shall apply to the adoption of a person within the relation of three generations.


• At the time of adoption the child must be less than 14 years of age ,but no age limit for adoption within their own three generations.


Requirements for Adoption 

Section-175 : Consent to be obtained for adoption

1) Consent from both father and mother if alive.

2) If divorce or judicial separation occurs then the present guardian can grant permission.                                                                         

3) If there are no parents/orphan conditions person or organization who caring can grant permission/consent.

4)Children consent is compulsory if child is above more than 10 years.

5) No permission or consent shall be made under financial greed or inducement.


Procedure of Adoption 

According to Section-177

1) Desirous parents for adoption shall give application for adoption in concern district court.

2) If the court finds permission should be granted for adoption then it shall issue permission and authenticate deed of adoption otherwise inform petitioner.

3) If court find permission cannot be given then issue order according and give information thereof to the petitioner.


Purpose and Nature Of Adoption 

a)To the settlement of orphan children.

b)To Child Welfare 

c)Family building, kinship and continuity.

d)Emotional stability

e)Legal security

f) For establish socially and culturally status of children and its relation.

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