Hague Secretariat invites Nepal to discuss adoption (Republica)

Hague Secretariat invites Nepal to discuss adoption

Bikash Sangraula

KATHMANDU, Jan 19: The Hague Secretariat based in the Netherlands that monitors compliance with Hague Conventions has written to the government of Nepal to participate in a meeting in Rome, Italy, to discuss the country´s inter-country adoption process.

Nepal amended its inter-country adoption process in December 2010 amid allegations of widespread irregularities. The Hague Secretariat apparently maintains that Nepal hasn´t done enough.

“The Hague Secretariat wrote to the Minister for Women, Children and Social Welfare on Monday saying it strongly desires that inter-country adoption of Nepalese children resumes,” said Sher Jung Karki, chief of the ministry´s legal section.

“The secretariat has also invited ministry officials to Rome to discuss the amended adoption process and has asked us for a convenient date to meet there,” he added.

The ministry is set to reply to the secretariat on Wednesday. “The meeting will most probably be fixed for sometime in February,” Karki said, adding that government officials from several recipient nations are expected to participate in the meeting.

Eleven countries suspended inter-country adoption from Nepal last year saying Nepal was not meeting international standards and practices determined by the Hague Convention that says adoption should take place in the best interest of the children.

Among countries that halted adoption from Nepal are the United States, Canada, Denmark, Germany, France, Norway, Sweden, Switzerland, Spain, Italy, and the United Kingdom.

Last month, the government announced a new set of inter-country adoption policies hoping to placate the international community.

Under the new process, for any children-related organization to be eligible to facilitate inter-country adoption, it should be engaged in child welfare for at least six years and should be registered as a placement agency.

Also, organizations must submit details of each orphan to a probe and recommendation committee within seven days and to a family selection committee within 14 days after the concerned district administration office verifies that the child is an orphan or a destitute.

Any organization found involved in suspicious practice will be barred from facilitating placement for five years.

The new set of policies allows local placement agencies to charge US$5,000 to adopting parents, while the government charges US$3,000.

Any foreign placement agency must set up a liaison office in Nepal and pay the government US$10,000 that will be handed over to an organization working for the welfare of children.

The new policy also allows Nobel laureates, heads of states/governments, foreign ministers, celebrities, or a couple with an annual income of over US$300,000 can become foster parents, while others cannot.


Republica:

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=27332

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Adoption in Nepal: Mythologized, Misunderstood and Mobilized

Download paper from:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1736064&

Adoption in Nepal: Mythologized, Misunderstood and Mobilized

Bala Raju Nikku
Nepal School of Social Work; Sutra Centre for Development Education and Research

Gopal Khadkha
affiliation not provided to SSRN


January 6, 2011


Abstract:
Most academic research on international adoption focuses on either psychological or pedagogical aspects of adoption. This research project aims to investigate the social paradigms informing practices of adoption in Nepal. It is crucial to study the ways in which international adoption is institutionalized especially when there is a huge criticism about international adaption practices in Nepal. Central in this process are adoption agencies, Child Care Homes and legal institutions. Increasingly, they have become the brokers of adoption, mediating between birth parents, orphanages, adoptive parents, and various state agents from sending and receiving countries.The general objective of the study is to review the legal procedures and gaps regarding inter and intra country adoption procedures, study the status of child care homes in the Kathmandu Valley and to identify the people’s perspective on domestic and international child adoption.The main findings and recommendations are:

1. Though the current study is located within the Kathmandu valley the results will have implication for the Nepalese policy on both domestic and intercountry adoptions.

2. From the Public Perceptions study, it is clear that in Nepal a large majority of the general public are not fully aware of the intricacies of adoption policy and processes, hence leading to misconceptions about adoptions, especially with intercountry adoptions.

3. Public perception suggests that laws and policies should be made transparent, and monitoring body is to be formed to ensure the safety of the child. The child should not be adopted until the prospective adoptive parents prove that they have sound economic condition or financial security and are committed to the child’s future and well-being.

4. The child care homes that are involved with adoption services were not very open to share their work with others, They were not entirely transparent and worried about the future of the sector.

5. The children who are currently kept at the so-called child care homes and are ready for the intercountry adoptions legally may not be real orphans. Some may be ‘paper orphans.’ Hence the government should further investigate the facts and make necessary legal and social arrangements to protect the rights of the children.

6. The international agencies that are involved in intercountry adoptions are also showing inhibition when it comes to sharing views and details of their work in Nepal. This may be due to their unclear role, uncertainties involved with the law and policy at the time the study was carried out.

7. The adoption policy is heavily contested by the different interest groups (The Hague Conference on Private International Law, Government bureaucrats, NGOs, INGOs, Law makers, Media, Embassies Child care homes, Academic and research institutes) in Nepal and hence the policy is an outcome of push and pulls factors.

8. The evidence suggests that 35 percent of respondents opined that they do not pay attention to caste, while 16 percent of the respondents remarked that categorization (age, sex, caste or religion) does not make any difference to them. It is very encouraging and the government policies should further encourage domestic adoption in Nepal.

9. There are ample opportunities to encourage domestic adoptions but this is not yet fully explored both by government and non governmental institutions. A useful approach could be to start with foster care families and progressively encourage domestic adoption practices in Nepal. Domestic adoptions based on only social arrangements, with no legal foundation should not be allowed.

10. On the basis of the results this study strongly recommends that Nepal should ratify the Hague Convention as soon as possible and make rules for institutions involved in adoption to follow the Convention and other international ethical standards and practices.

11. This study shows the evidence that there are lacunas in the adoption policy formulation in the country. The majority of the respondents interviewed stated that they are not aware of the current policies and were not consulted or involved in the policy making. This suggests that the policy making is guided by self interests of few stakeholders and hence may not work in the best interests of the child.

12. There is a need for trained human resources ( trained social workers and child psychologists) to work in the child care/orphanages as the study found that the staff working in the current homes are not trained in general and not skilled to work with children with difficulties.

13. The study strongly recommends that no child should be placed outside his or her family unless it serves the child’s best interests. The institutional care/model to address the issue of orphans (especially in the case of double orphans) also needs further investigation and policy dialogue in Nepal.

14. Further academic research in this area is urgently needed to provide inputs policy making process in the country and also to provide alternative approaches to intercountry adoption.

Keywords: Nepal,Children, International Adoptions, Domestic Policies

Working Paper Series

Date posted: January 08, 2011

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1736064

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

US Embassy Kathmandu Biometrics Fee Clarification

From DOS to adopting families, on behalf of the US Embassy in Kathmandu:

The U.S. Embassy in Kathmandu has been receiving requests from prospective adoptive parents currently residing in Kathmandu to retake their fingerprints at the Embassy because their fingerprint clearances have expired. The Departments of State and Homeland Security strongly urge all prospective adoptive parents to ensure that their fingerprint clearances are valid and not soon to expire before traveling abroad. However, when necessary, U.S. Embassies abroad can provide this service. When the Embassy fingerprints prospective adoptive parents, they are doing so on behalf of the Department of Homeland Security (DHS). Effective November 23, 2010, individuals residing outside of the United States are no longer exempt from paying the DHS Biometrics Fee, where it applies. Prospective adoptive parents who have already paid a biometrics fee during the filing of their I-600A may request a one-time, no-fee re-fingerprinting. Effective immediately, the U.S. Embassy Kathmandu will charge the $85 DHS Biometrics Fee, where it applies, meaning after the prospective adoptive parents have already received their one-time, no-fee re-fingerprinting, whether in the US or abroad, each time fingerprints are collected from prospective adoptive parents on behalf of DHS.

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Definition and Classification of Special Needs Children (MOWCSW)

Government of Nepal

Ministry of Women, Children and Social Welfare

Kathmnadu,

Date of Decision : 5 January 2011

In accordance with the Article 15A. of Terms and Conditions and Process for Granting Approval for Adoption of Nepali child by an Alien (First Ammendment), 2067 (2010), the Ministry has defined and classified the special needs children as mentioned below :

Definition : Children who need more care, concern and love from the parents due to the abnormal medical, physical, emotional, and developmental condition and sometime due to their special circumstances Older age children living under special conditions

Classification :

Category-1

Older children over 6 years/sibling group

Category-2

Low Birth weight

Category-3

Children with following Conditions:

• Acute Ricketts

§ Blind

§ Blood disorders

§ Brain Lesion

§ Burns

§ Chronic Asthma

§ Chronic Eczema

§ Cleft Lip-Cleft Palate/Cleft Lip

§ Colostomy

§ Deaf

§ Diabetes

§ Dwarfism

§ Ectodermal displacia (no sweat glands)

§ Epilepsy (does not include fever induced convulsions)

§ Fetal Alcohol Syndrome

§ Fingers-toes missing

§ Hare lip

§ Heart conditions of a severe nature

§ Hemophilia

§ Hepatitis B+

§ Ichthyosis (Collodian baby)

§ Indeterminate sex

§ Limbs Missing

§ Microcephaly

§ Neurological disorders

§ Paralysis

§ Partially Blind

§ Partially Deaf

§ Pier Robin Syndrome (no tongue)

§ Polio

§ Severe disfiguring birth marks

• Severe Orthopedic conditions

§ Severe Seizure disorders

§ Speech dysfunction-dysphasia

§ Spina Bifida

§ Thalasemia Major

Category-4

Prior traumatic background, disruption, long institutional care, difficult circumstances, psychiatric and mentally challenged parentage.

Note : Older Child means the child above 6 years of age upto 16 years of age.

http://www.mowcsw.gov.np/uploads/supp_docs/10/Nepal%20criteria%20special%20need_final.doc

Ethics, Transparency, Support
~ What All Adoptions Deserve.
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Reforms -- Notice No. 7 (MOWCSW)

Notice No 7

In accordance with the Terms and Condition of Inter Country Adoption, 2008, the following reforms have been made:

1. The Ministry of Women, Children and Social Welfare is the Central Authority for Inter Country adoption.

2. The Application should be submitted by the adoptive parents through accredited
Agencies/Diplomatic Mission to the Ministry.

3. Selection of the child by the adoptive parents has been prohibited.

4. Family Matching Committee is established to match the parent for the child.

5. The Matching committee should match the parent for the child on the first come first basis.

6. The Orphanages should be accredited to the Ministry for the purpose of Inter country adoption.

7. The child should stay at least 90 days to the orphanage to be eligible for the inter country adoption.

8. Before starting Inter Country Adoption Process, the orphanage at first should give priority for the domestic adoption by inviting application in the National News Paper and Media.

9. Domestic Adoption is registered and completed by the District Land Revenue Office.

10. The fee paid by the adoptive parent is very helpful for the protection and care of the other children staying at the orphanages.

11. The fee is very transparent and controls the irregularities.

12. The Orphanage is responsible for the auditing of their income and expenses.

13. The adoptive parent is not allowed to visit the orphanage before the decision by the Ministry.

14. The processing fee paid as government revenue by the Adoptive parent is used for the protection and development programme of the child.

15. Child with biological parent is strictly prohibited for inter country adoption. If it is found in the process of inter country adoption, the orphanage will be penalized. The Ministry will rescue the children of that orphanage to another orphanage.

16. Voluntarily abandoned child is only eligible in the following condition:

1. Single child cannot be abandoned,

2. Child whose father is dead and who has been abandoned by his/her mother after another marriage,

3. Biological parent have to have one child with them if they have more than one child-

· Father and mother are very poor and unable to support for development and care of their child,

· The father or mother who have permanent sterilization of family planning,

· Children whose father or mother is dead or is medically insane or mentally unsound and who have a very poor mother and unable to develop and care of the child.

http://www.mowcsw.gov.np/inter-country-adoption-15-en.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

List of Adopted Child by Country (MOWCSW)

Notice No 6

Date January 03, 2011

List of Adopted Child (From 2009 to date)

Country	No of Child Adopted
Canada	2
Denmark	8
France	22
Italy	67
Norway	4
Spain	40
Sweden	8
Switzerland	3
United Kingdom	2
USA	67
	223

http://www.mowcsw.gov.np/inter-country-adoption-15-en.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Notice to Foreign Organizations/Agencies on Renewal (MOWCSW)

Government of Nepal

Ministry of Women, Children and Social Welfare

Singhdurbar, Kathmandu

First Date of Publication : 2nd January 2011

The Ministry would like to request the concerned Foreign Organizations / Agencies listed in the Ministry on 1st January 2009 to submit an application enclosing the following documents within 30 days of publishing this notice to renew for the purpose of Inter Country Adoption.

Documents for Renewable of the International Organization/Agency :

1. Number of file submitted in 2009 and 2010

2. Number of Child adopted so far

3. Number of application withdrawn

4. MOU for 2009 and 2010

5. Amount provided to Children Homes

Name :

Amount :

6. Hague Accreditation in the country of origin

7. Renew in the country of origin

8. Appointment of Local Representative in 2009 & 2010

9. Salary/Allowances for the Local Representative in 2009 & 2010

http://www.mowcsw.gov.np/inter-country-adoption-15-en.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Notice on foundling child found by the police (MOWCSW)

Government of Nepal
Ministry of Women, Children and Social Welfare
Kathmandu Nepal

Notice on foundling child found by the police

Article 4 of the existing Terms and Conditions and Process for Granting Approval for Adoption of Nepali child by an Alien, 2065 (2008) defines an orphan child as mentioned below :

- A foundling child found by the police,

- A foundling child found in a hospital,

- Whose father and mother are not traced or

- Whose father and mother both are dead, any member, relative or heir is not traced and who does not have any property.

In this regard, many questions have been raised in different papers and electronic medias on the documents of a foundling child found by the police. Diplomatic Missions have also raised doubts on such children. In view of this, the Ministry has made a decision effective from 5 January 2011 that an approval for inter country adoption, until the other provision is made, would not be granted for foundling child found by the police admitted after the publication of this notice, in the children homes, orphanges and Bal Mandir. The Ministry will make necessary arrangements for the protection of such foundling child found by the Police.

http://www.mowcsw.gov.np/inter-country-adoption-15-en.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Govt Bans Inter-country Adoption of Street Children (Republica)

Govt Bans Inter-country Adoption of Street Children (Republica):

KATHMANDU, Jan 9: Amidst concern from various quarters that the process of inter-country adoption of street children is subject to widespread abuses, the government has banned the adoption effective from January 5.

According to Ministry of Women, Children and Social Welfare, the decision is taken in the wake of media and various diplomatic missions raising issue that many street children sent for inter-country adoption could have their biological parents in Nepal searching for them.

Diplomatic missions have also raised questions about the credibility of documents prepared for the inter-country adoption of the street children.

In a public notice, the ministry said street children registered in orphanage and children's home by police would not be sent for inter-country adoption henceforth. "It is informed to all concerned that the ministry will start a special campaign for street children found by police," the notice said.

The government had recently introduced an amendment in the conditions and procedures related to inter-country adoption to address the concerns raised by various international communities. As per the existing rules governing adoption, the government recognizes a child as orphan if he/she is found unattended at a hospital or found unattended by police or left with no one to care after the death of all kin including parents.

There are concerns from various quarters that many of the street children found by police and subsequently registered with children's home or orphanage for inter-country adoption actually have their parents. There are also complaints that in many cases children are sent for inter-country adoption using forged documents.


Republica:

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=26978

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Terms and Conditions for Adoption (December 2010)

Government of Nepal

Ministry of Women, Children and Social Welfare

Terms and Conditions and Process for Granting Approval for Adoption

Of Nepali Child by Alien (First Amendment), 2010

(Publication in Nepal Gazette: 20 December 2010)

Whereas, it is expedient to amend to the Terms and Conditions and Process for Granting Approval for Adoption of Nepali Child by Alien, 2065 (2008);

Now, therefore, in exercise of power conferred by No. 12A of Chapter on Adoption of the Country Code (Muluki Ain), the Government of Nepal framed following Terms and Conditions and Process.

1. Short Title and Commencement: (1) These Terms and Conditions and Process may be cited as the "Terms and Conditions and Process for Granting Approval for Adoption of Nepali Child by Alien (First Amendment), 2067 (2010)".

(2) These Terms and Conditions and Process commence forthwith.

2. Amendment to Section 5 of the Terms and Conditions and Process for Granting Approval for Adoption of Nepali Child by Alien (First Amendment), 2065 (2008):

The following Sub-Section (7) has been inserted after Sub-Section (6) of Section 5 of the Terms and Conditions and Process for Granting Approval for Adoption of Nepali Child by Alien (First Amendment), 2065 (2008)"

(hereinafter referred to as the "Principal Terms and Conditions and Process"):

"(7) After certification from the District Administration Office pursuant to Sub-Section (6), the Child Welfare Home, Orphanage or Children’s Home shall prepare details of each child in a format prescribed by the Ministry and submit to the Committee and Family Matching Committee constituted pursuant to Section 14 within 7 days."

3. Amendment to Section 8 of the Principal Terms and Conditions and Process: Of Section 8 of the Principal Terms and Conditions and Process,-

(1) The words "in the format prescribed by the Ministry" have been inserted after the words "other description" appearing in Sub-Section (1).

(2) Clause (h) of Sub-Section (2) has been substituted by the following Clause (h) :

"(h) Documents relating to the applicant's minimum annual income as prescribed by the Ministry".

(3) The Following Sub-Section (5) has been inserted after Sub-Section (4):

"(5) The documents as referred to in Sub-Section (2) shall have to be certified by the Notary Public."

4. Amendment to Section 9 of the Principal Terms and Conditions and Process: Of Section 9 of the Principal Terms and Conditions and Process,-

(1) Sub-Section (1) has been substituted by the following Sub-Section (1):

"(1) A Child Welfare Home, Orphanage or Children’s Home, which is working at least six years in the field of children after being registered as per the prevailing laws, wishes to work in the field of inter-country adoption, shall submit an application to the Ministry for enlisting."

(2) The following Sub-Section (6) has been inserted after Sub-Section (5):

"(6) The documents relating to the personal details of children as prescribed in Sub-Section (5) shall have to be certified by the Notary Public".

5. Amendment to Section 10 of the Principal Terms and Conditions and Process: The following Sub-Section (3) has been inserted after Sub-Section (2) of Section 10 of the principal terms and procedures :

"(3) The Child Welfare Home, Orphanage or Children’s Home which are delisted from the list pursuant to Sub-Section (1) shall not be re-enlisted until completion of five years from the date of such delisting."

6. Amendment to Section 11 of the Principal Terms and Conditions and Process: Of Section 11 of the Principal Terms and Conditions and
Process,-

(1) Sub-Sections (4) and (5) have been substituted by the following Sub-Sections (4) and (5):

"(4) A foreign organization or agency enlisted pursuant to Sub-Section (3) shall establish its Contact Office in Nepal as per the prevailing law and shall give information thereof to the Ministry ".

(5) In order to carry out child welfare activities in Nepal, a foreign organization or agency enlisted pursuant to Sub-Section (3) shall have to pay annually an amount as prescribed by the Ministry on the recommendation of the Committee."

(2) The following Sub-Sections (5a) and (5b) have been inserted after Sub-Section (5):

“(5a) The amount so received pursuant to Sub-Section (5) shall be deposited in the account of an Organization as per the recommendation of the Committee and as prescribed by the Ministry by entering into an agreement with the organization which is working in the field of the rights of the child.

(5b) Audits of the accounts of the money deposited pursuant to Sub-Section (5a) shall be carried out by an auditor approved by the Auditor General."

7. Amendment to Section 13 of the Principal Terms and Conditions and Process: The following Clause (c1) has been inserted after Clause (c) of Sub-Section (2) of Section 13 of the Principal Terms and Conditions and Process :

" (c1) Joint Secretary, Ministry of Foreign Affairs - Member"

8. Amendment to Section 14 of the Principal Terms and Conditions and Process: Of Article 14 of the Principal Terms and Conditions and Process,-

(1) Sub-Section (3) has been substituted by the following Sub-Section (3):

"(3) The Family Matching Committee referred to in Sub-Section (1) and (2), while selecting the family and children shall select on the basis of first come first priority as per the details set out in the application pursuant to Section 8 and the details mentioned by the first family (applicant) pursuant to Sub-Section (5) of Section 9 and the children first registered in the Family Matching Committee."

(2) The following Sub-Sections (3a) and (3b) have been inserted after Sub-Section (3):

"(3a) Notwithstanding anything contained in Sub-Section (3), while selecting the family and children as per the said sub-Section, the children's age, sex and health details does not match as required by the first priority family, next children which match with the requirement of that family may be selected as per the chronology."

"(3b) In case of death of the children so selected before receiving by the applicant or any other person have claimed over such children , such applicant shall be given priority to adopt another children as son or daughter with priority."

(3) The word "Committee" appearing in Sub-Section (6) shall be substituted by the words “Family Matching Committee".

(4) The word "Committee" appearing in Sub-Section (7) shall be substituted by the words " Family Matching Committee".

9. Amendment to Section 15 of the Principal Terms and Conditions and Process: The following Sub-Section (2a) has been inserted after Sub-Section (2) of Section 15 of the Principal Terms and Conditions and Process:

"(2a) While giving the children pursuant to Sub-Section (2), the Ministry shall issue a certificate of adopted son or daughter to the applicant."

10. Insertion of Sections 15A and 15B in the Principal Terms and Conditions and Process: The following Sections 15A and 15B have been inserted after Section 15 of the Principal Terms and Conditions and Process:

"15A. Special Provision on Family Matching for the Special Needs Children: (1) Notwithstanding anything contained elsewhere in this Terms and Conditions and Process, the Ministry may select a family by giving priority to the applicant which has applied for adoption which requires special care.

Explanation: For the purpose of this Section “Special Needs Children" means among the children who are orphanage or voluntarily abandoned or due to physically or mentally or unusually or unnaturally developed or older age required special care.

(2) The Committee shall determine the subject as to whether any child is a child required special care.

(3) Notwithstanding anything contained in Sub-Section (1), while selecting the family and children required special care as per the said sub-Section, the children's age, sex and health details does not match as required by the first priority family, next children required special care and which match with the requirement of such family may be selected as per the chronological order."

(4) Other procedures relating to the selection of family for the children required special care and classification of such children shall be as prescribed by the Ministry.

15B. Special Provision to Grant Adoption: (1) Notwithstanding anything contained in this terms and procedures, a well known foreign citizen wish to adopt a child as adopted son or daughter pursuant to Section 3 may submit an application to the Ministry along with a formal recommendation of the Head of State, Head of Government or Minister for Foreign Affairs of his/her country.

Explanation: For the purpose of this Section, a well know foreign citizen means the following persons:

(1) Foreign Country's Head of State, Head of Government or Minister for Foreign Affairs,

(2) Noble Prize Winner,

(3) Internationally known celebrity,

(4) Person or business man or professional having annual income more than three hundred thousand American Dollars.

(2) If the Ministry considers that the foreign citizen is acceptable to give the child to adopt as adopted son or daughter as per the application after conducting an inquiry upon the application received pursuant to Sub-Section (1), it may submit its recommendation accordingly to the Council of Minister of the Government of Nepal.

(3) The Council of Ministers, as per the recommendation pursuant to Sub-Section (2), may give to the foreign citizen the child to adopt as son or daughter as per his/her demand. "

11. Amendment to Section 16 of the Principal Terms and Conditions and Process: Of Section 16 of the Principal Terms and Conditions and Process,-

(1) The following Sub-Section (1a) has been inserted after Sub-Section (1):

"(1a) In case any Child Welfare Home, Orphanage, or Children’s Home have been found to have carried out illegal activities from the supervision and monitoring report of the Committee, the Ministry shall, as per the recommendation of the Committee, forward in writing to the concerned authority to take necessary action against such Child Welfare Home, Orphanage or Children’s Home. "

(2) Sub-Section (2) has been substituted by the following Sub-Section (2),-

"(2) The Ministry, if it considers, may cause to monitor from time to time by deputing any Officer or Office Bearer of the Committee about the adopted family, and standard and performance of the organizations enlisted pursuant to Section 11 and international custom and practice with regard to adoption.”

(3) The following Sub-Section (3) has been inserted after Sub-Section (2),-

"(3) The Monitoring Officer or Office Bearer of the Committee deputed pursuant to Sub-Section (2) shall submit a report to the Ministry by mentioning all the information so received from the monitoring and possible solutions to resolve the problems observed in the inter-country adoption."

12. Amendment to Section 19 of the Principal Terms and Conditions and Process: Of Section 19 of the Principal Terms and Conditions and Process,-

(1) Clause (c) of Sub-Section (1) has been substituted by the following Clause (c):

"(c) Processing fee payable by the foreign citizen permitted to adopt for the inter-country adoption pursuant to Section 15."

(2) Sub-Section (4) has been substituted by the following Sub-Section (4):-

“(4) The amount received pursuant to Sub-Section (3) shall be expended for child welfare and relevant study and research activities and any other child welfare related activities as approved by the Ministry."

12. Insertion of Section 20A and 20B in the Principal Terms and Conditions and Process: The following Section 20A and 20B have been inserted after Section 20 of the principal terms and procedures:

"20A. Power to Frame Guidelines: The Ministry may frame and implement necessary guidelines relating to the procedural aspects of this terms and procedures under these terms and procedures.

20B. Power to Frame Standards: (1) The Ministry may frame and implement minimum standards for the enlisted Child Welfare Home, Orphanage or Children’s Home for inter-country adoption under this terms and procedures.

(2) It shall be the duty of the concerned child welfare home, orphanage or Children’s Home to comply with the standards framed pursuant to Sub-Section (1)."

14. Alteration: The words "Ministry of Law, Justice and Parliamentary Affairs" mentioned in different places of the Principal Terms and Conditions and Process shall be altered by the words "Ministry of Law and Justice".

http://www.mowcsw.gov.np/uploads/supp_docs/1/Terms%20and%20Conditions-English.doc.doc

Ethics, Transparency, Support

~ What All Adoptions Deserve.

http://www.pear-now.org/