Factsheet

Overview
Background
Factsheet
To Katmandu, with Love: An Adoptive Mom's Journal

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.

PLEASE NOTE: 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 referr 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