No, commercial surrogacy is illegal in Nepal, and there is no surrogacy law (Act) in place. The Supreme Court's 2016 decision authorizes only altruistic surrogacy for infertile Nepali married couples, but because no corresponding legislation has been passed, surrogacy is not available in practice. Foreigners, single individuals, and same-sex couples are not authorized.
Facing a surrogacy or parentage issue? Book a consultation with a Nepal family lawyer before you sign anything.
Quick facts
- Commercial surrogacy: banned since 2015
- Governing law: Supreme Court orders, a Cabinet decision and a 2016 directive, not a statute
- Altruistic surrogacy: only for infertile Nepali married couples, but no law makes it operational
- Foreigners, single persons, same-sex couples: not permitted
- Legal alternatives: IVF with the couple's own gametes, and adoption
What is surrogacy? (सरोगेसी / भाडाको कोख)
Surrogacy is an arrangement in which a woman carries and gives birth to a child for another person or couple, the intended parents. In Nepali it is called सरोगेसी, and colloquially भाडाको कोख ("rented womb"). Legally, the term covers:
- Commercial surrogacy: the surrogate is paid beyond medical expenses. Banned in Nepal.
- Altruistic surrogacy: no payment beyond reasonable expenses. Permitted in principle for a narrow group, but not operational.
- Gestational vs traditional surrogacy: in gestational surrogacy the child is not genetically related to the surrogate. In traditional surrogacy it is.
Is surrogacy legal in Nepal?
Nepal has no Surrogacy Act and no assisted-reproduction statute. The position rests on court and government decisions:
|
Group |
Status |
|
Commercial surrogacy (anyone) |
Banned |
|
Foreign nationals |
Not permitted |
|
Single men or women |
Not permitted |
|
Same-sex couples |
Not permitted |
|
Infertile Nepali married couples (altruistic) |
Allowed in principle by the 2016 directive, but no law or mechanism to implement it |
Surrogacy-related services are also not offered in practice. The US Embassy warns that birth documents and visa or exit approval for a surrogacy-born child are not supplied, even if the IVF or surrogacy occurred abroad.
Surrogacy law in Nepal: timeline
- Before 2015: No law addressed surrogacy. Nepal briefly became a destination for foreign intended parents after restrictions in India and Thailand.
- April 2015: The earthquake drew attention to surrogacy agencies when babies born to foreign parents were evacuated.
- 25 August 2015: The Supreme Court stayed surrogacy services on petitions arguing that unregulated surrogacy exploits poor women.
- September 2015: The Cabinet formally banned surrogacy services.
- 12 December 2016: The Supreme Court's ultimate decision required the government to enact. It stated that commercial surrogacy must be prohibited, and that altruistic surrogacy should only be permitted for infertile Nepali married couples who have been certified by a medical body.
- Today: The government has not enacted the law the Court asked for.
Why the Supreme Court restricted surrogacy
- Risk of exploiting economically vulnerable women
- No legal framework protecting the surrogate, the child or the intended parents
- Unresolved questions of citizenship, parentage and custody
- The principle that a woman's womb should not be commercialized
Legal risks of surrogacy (in or outside Nepal)
- No enforceable contract: surrogacy agreements are not legally recognized in Nepal.
- Parentage: the woman who gives birth is generally treated as the legal mother, and paternity can be unclear.
- Citizenship and travel documents: a child born in Nepal through surrogacy may not receive birth documentation or exit permission.
- Returning from abroad: parents who have a child through surrogacy abroad may face problems with recognition, citizenship and documents when they return to Nepal.
- Immigration problems: foreign intended parents may be unable to take the child out of Nepal.
Legal alternatives to surrogacy in Nepal
- IVF: available to married couples using their own gametes.
- Adoption: domestic or intercountry, under the Civil Code and Children's Act 2075.
- Legal guidance on foreign arrangements: if you are considering surrogacy abroad, take advice on recognition of parentage and the child's documents before you begin.
Will Nepal pass a surrogacy law?
Draft suggestions have been considered, but nothing has been implemented. Any future legislation is expected to follow the Supreme Court's framework, which includes no commercial surrogacy and a restricted altruistic option for Nepali couples. Until then, consider surrogacy to be legally unavailable and examine the current situation before making any commitments.
Frequently asked questions
Q. Is surrogacy legal in Nepal?
No. Commercial surrogacy is banned, and no law regulates surrogacy.
Q. Is altruistic surrogacy allowed in Nepal?
Only in principle, for infertile Nepali married couples under the 2016 directive. No implementing law exists, so it is not operational.
Q. Can foreigners use surrogacy in Nepal?
No. Foreign nationals are not permitted.
Q. Can single or same-sex couples use surrogacy in Nepal?
No. The Supreme Court's directive excludes single persons and same-sex couples.
Q. When was surrogacy banned in Nepal?
It was halted by the Supreme Court in August 2015 and banned by the Cabinet in September 2015. The final verdict came in December 2016.
Q. Who is the legal mother of a surrogacy-born child in Nepal?
Generally the woman who gives birth, since surrogacy agreements have no legal recognition.
Q. What does surrogacy mean in Nepali?
सरोगेसी, or भाडाको कोख: carrying a child for another person or couple.
Q. What are the legal alternatives?
IVF for married couples using their own gametes, and adoption.
Talk to a Nepal family lawyer
Surrogacy, parentage, adoption or citizenship of a child: early legal advice can prevent serious problems.
📞 Call: 9801884499
📧 Email: [email protected]
📍 Nirajan Bikram Marg-31, New Baneshwor, Kathmandu
🌐 www.nepallawyer.com
Sources:
https://np.usembassy.gov/surrogacy-services-are-banned-in-nepal/
https://thehimalayantimes.com/nepal/no-law-on-altruistic-surrogacy-despite-supreme-court-directive
https://meroadalat.com/law-relating-to-surrogacy-in-nepal/
https://www.progress.org.uk/nepalese-court-suspends-commercial-surrogacy/
Disclaimer: This article is for general information only and is not legal advice. Before you take any step involving surrogacy, parentage, adoption, citizenship or travel documents for a child, please consult a qualified lawyer about your specific facts.
