Nepal is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention). However, under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA). The UAA requires that an accredited or approved adoption service provider act as the primary provider in every non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved, or be a supervised or exempted provider. See additional Department of State guidance and U.S. Citizenship and Immigration Services (USCIS) guidance for limited situations when a primary provider may not be required. Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600. However, adoption service providers should be aware of the information on the USCIS website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014. Please see the USCIS adoption webpages for more information about the orphan adoption process.
Note: There are no accredited adoption service providers currently operating in Nepal.
On August 6, 2010, the U.S. Department of State and USCIS suspended processing of new adoption cases from Nepal for children claimed to have been abandoned. For more information, please refer to our Joint Statement on Suspension of Processing for New Adoption Cases Based on Abandonment in Nepal.
Cases involving relinquishment by known birth parent(s) are not affected by the U.S. suspension. However, Nepal does not currently have procedures or authorities to process adoption cases involving relinquishment. Please contact an attorney authorized to practice law in Nepal to understand to what extent Nepal is able to process these adoptions. The previous central adoption authority of Nepal, located in the Ministry of Women, Children and Social Welfare, has been disbanded.
Before taking steps to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, on behalf of a child from Nepal, please read USCIS’s Special Instructions for How and Where to File Adoption Petitions on Behalf of Nepali Children.
Any relinquishment cases received by U.S. Embassy Kathmandu must undergo a Form I-604, Determination on Child for Adoption, which may require significant time due to concerns regarding the reliability of Nepal's adoption system and additional expenses. We encourage prospective adoptive parents to defer finalizing their adoption of a Nepali child until U.S. Embassy Kathmandu has completed the Form I-604 determination to ensure prospective adoptive parents meet all immigration-related legal requirements to petition for a child to immigrate to the United States and to ensure the child can be classified as an orphan under U.S. immigration law.
In addition, you may wish to review the following pages:
Adoption Information: Nepal | USCIS
Non-Hague Visa Process (in particular see the section headed “U.S. Law and the Definition of Orphan”)
Please see the USCIS adoption webpages for more information about the non-Convention (or orphan) adoption process.
Caution: Although U.S. citizens generally must follow the orphan adoption process to adopt a child from a non-Convention country, the Family-Based Petition Process (Form I-130) may be an option for U.S. citizens and lawful permanent residents to petition for their adopted child. There are significant differences between the orphan and the Family-Based Petition Process. For more information about specific Form I-130 requirements for adopted children, see the USCIS website and the USCIS Policy Manual, Vol. 5.
Caution: Prospective adoptive parents should be aware not all children in orphanages or children’s homes are eligible for adoption. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending the child return home when possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).
Please visit the Department of State’s country page for more information on travelling to Nepal and U.S. Embassy Kathmandu’s website for information on consular services.
