Intercountry Adoption in Nepal: An Analysis from International Law and Child Rights Perspectives

Intercountry adoption falls at the intersection of family law, human rights law and international law. In Nepal, adoption law has shifted from a family centred institution towards a framework centred on the best interests of the child. The National Civil (Code) Act 2017 regulates both domestic and intercountry adoption, while the Act Relating to Children 2018 reinforces principles of non-discrimination, family contact and the best interests of the child. Nepal is a party to the Convention on the Rights of the Child (CRC) and has signed but not ratified the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. This article examines Nepal's adoption framework through these international and child rights standards. It traces the development of intercountry adoption in Nepal, considers the regulatory concerns that led to suspension and reform and analyses the safeguards contained in current legislation. The article argues that Nepalese law incorporates several important child protection principles, particularly best interests, consent and governmental oversight, but important difficulties remain in implementation, institutional coordination and protection against irregular adoption practices. The continuing gap between the detailed statutory framework and the limited operation of intercountry adoption in practice strengthens the case for clearer procedures, stronger monitoring and closer alignment with internationally accepted safeguards.