Any of the following
children having stayed in a children home for at least six months
may be given to a foreigner for adoption:
(a) Orphan children who, upon death of both father and
mother, are not under protection of any one,
(b) Voluntarily abandoned children.
Explanation: For the purposes of this Chapter,-
(1) 'Children home' means a child welfare home and
orphanage established in accordance with law, with the
objective of protecting the rights and interests of
children, and this term includes a children home or
Balmandir established by the Government of Nepal.
(2) 'Orphan child' means any of the following child
certified as an orphan by the District Administration
Office:
(a) A child found unclaimed by the police,
and whose father or mother is not found,
(b) A child left unclaimed in a hospital or
health institution,
(c) A child whose father and mother are not
traced out,
(d) A child whose father and mother are both
dead and who has no property for
maintenance.
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(3) 'Voluntarily abandoned children' means the following
children who have been surrendered to the custody of a
children home, through the District Administration
Office, by the following person, upon being unable to
make arrangements for their maintenance and
education, by executing a deed relating thereto:
(a) In the case of a child whose father is dead or
disappeared and mother has concluded
another marriage, such a mother,
(b) If more than one child have born, and the
mother is not financially able to afford their
maintenance or education because the father
is dead, disappeared or of unsound mind, in
the case of such children, their mother,
(c) If more than one child have born, and the
father is not financially able to afford their
maintenance or education because the mother
is dead, disappeared or of unsound mind, in
the case of such children, their father,
(d) In the case of an orphan child who has no
property, his or her guardian or curator.