(1) If the Board considers,
from an inquiry into the recommendation received from the
selection committee pursuant to Section 196, that it is appropriate to
grant a minor as recommended for adoption by a foreigner, it shall
make according recommendation to the Government of Nepal.
(2) If, upon an inquiry into the recommendation made by
the Board pursuant to sub-section (1), it thinks reasonable to do so,
the Government of Nepal shall, according to the recommendation of
the Board, grant permission for the adoption of such a minor by the
foreigner.
(3) After permission has been granted pursuant to subsection
(2), the Government of Nepal shall issue a certificate
relating thereto for that purpose.
(4) After the certificate has been issued pursuant to subsection
(3), inter-country adoption shall be deemed to have duly
been effected from Nepal.
(5) Notwithstanding anything contained in sub-section (2),
if, prior to granting permission for the adoption of any minor by a
foreigner, the father, mother or other guardian of the minor desires
108
to take his or her minor back, such a minor may not be granted for
adoption.
(6) If the Government of Nepal grants permission for the
adoption of any minor by a foreigner pursuant to sub-section (2),
the applicant shall appear in person and take over the concerned
minor.
Provided that if the applicant is a couple and either of them is
unable to appear in person, the other spouse may take over such a
minor on the basis of the certified deed of consent executed by the
absent spouse.
(7) After permission has been granted for the adoption of
any minor by a foreigner pursuant to this Section, the Government
of Nepal shall give information thereof to the central agency
responsible for inter-country adoption situated in the country of the
adoptive person and also to the embassy of the concerned country
designated for Nepal, if any.
(8) A foreigner or couple making application for adoption
may, if not satisfied with any decision made by the Government of
Nepal, make an appeal to the concerned High Court.