Introduction
Surrogacy has developed into an important choice for couples dealing with infertility around the world. In Nepal, the legal landscape around surrogacy is complicated due to a transformative legal environment over time, and many parents to be are left confused about the current state of the law. This guide will address the important question: is surrogacy legal in Nepal? We will outline the current legal climate, how we arrived at it, and what it means for those considering surrogacy in Nepal.
Current Legal Status of Surrogacy in Nepal
Is Surrogacy Legal in Nepal Today?
As of 2025, commercial Surrogacy is not legal in Nepal. The Supreme Court of Nepal issued a landmark decision in 2016 that effectively banned commercial surrogacy services in the country. This decision came after a period when Nepal had briefly emerged as a destination for international surrogacy arrangements following restrictions in neighboring countries.
The court's decision was based on concerns about:
- Potential exploitation of economically vulnerable women
- Lack of comprehensive legal framework to protect all parties involved
- Issues related to citizenship and nationality of children born through surrogacy
- Ethical considerations regarding commercialization of reproduction
While commercial surrogacy is prohibited, the legal status of altruistic surrogacy (where the surrogate receives no financial compensation beyond reasonable expenses) remains somewhat ambiguous in Nepali law. However, in practice, even altruistic surrogacy faces significant legal hurdles due to the absence of clear regulatory frameworks.
The Legal Framework Governing Reproductive Technologies
Nepal's legal approach to assisted reproductive technologies is primarily governed by:
- The Supreme Court ruling of 2016 - which halted commercial surrogacy
- The Children's Act of 2075 (2018) - addressing issues of child welfare and rights
- Nepal Civil Code 2074 (2017) - containing provisions related to family law
None of these legal tools provides comprehensive regulations specifically designed for surrogacy arrangements, creating a legislative gap that makes surrogacy processes legally challenging.
Historical Context of Surrogacy in Nepal
From Brief Legalization to Prohibition
To better understand how we got to this point, we need to look back at surrogacy in Nepal:
- Before 2015: There was never any legislation for surrogacy
- Early 2015: Nepal briefly allowed foreign individuals to enter into commercial surrogacy arrangements
- August 2015: Had a directive made only applicable to Nepali citizens wishing to use surrogacy only
- December 2016: The Supreme Court issued a ban on commercial surrogacy
When there was a short period of time for commercial surrogacy, Nepal had a flood of international intended parents, especially following the tightening of surrogacy regulations in India and Thailand. Because there were no regulatory protections for surrogates, the rush raised concern about possible exploitation and ethical issues.
The Landmark Supreme Court Decision
Implications for Prospective Parents
In 2016, the Supreme Court ruled in favor of a petition filed with the Supreme Court that warned that commercial surrogacy was dangerously likely to convert impoverished Nepali women into "baby-making machines." The Supreme Court acknowledged the threat and ordered the government to prohibit all commercial surrogacy services immediately until the appropriate legislation could be enacted.
While the government had made clear its intention to write such legislation, as of 2025 no comprehensive surrogacy law has been created in Nepal.
Legal Alternatives for Nepali Citizens
For Nepalese citizens, several legally permitted options for overcoming infertility exist:
• In Vitro Fertilization (IVF) - permitted for married couples using their genetic material
• Adoption - governed by the Children's Act, with formal adoption processes for domestic and intercountry adoptions
• Pursuing surrogacy services abroad - raising difficult legal questions about citizenship or parental rights
Moreover, it is very relevant to understand some of the risks and complications of pursuing surrogacy abroad before utilizing these services. Once parents return to Nepal with their baby as a result of surrogacy services, the lack of legal acknowledgement might create major issues with citizenship, parental rights and legal documentation of your child born via surrogacy arrangements.
International Perspective and Cross-Border Issues
International intended parents can no longer pursue surrogacy arrangements in Nepal as a way to avoid restrictions. Trying to avoid those restrictions may result in any number of complications including:
• Legal penalties
• Immigration challenges
• Establishing parental rights
• Obtaining citizenship or travel documents for the child
Countries which have more established legal frameworks in terms of surrogacy at present include the United States (some states), Canada (altruistic only), Ukraine, and Georgia, but all have varying requirements and restrictions.
The Future of Surrogacy Law in Nepal
Potential Legislative Developments
Discussions among legal professionals, healthcare providers, and government policymakers are in progress to develop comprehensive surrogacy regulation in Nepal. In these discussions, the following issues are important considerations:
• Protecting the rights and interests of surrogates
• Providing intended parents with a clear legal status as a parent
• Resolving citizen status for children resulting from surrogacy
• Providing regulatory oversight of medical facilities
While several draft bills exist, none have been fully approved and passed into law. Legal professionals believe that future legislation could provide for altruistic surrogacy with commercial surrogacy remaining prohibited.
Advocacy and Public Discourse
Different groups continue to call for clearer regulation of surrogacy:
• Medical associations state there should be regulated access to reproductive technologies
• Women's rights organizations call to be protected from exploitation
• Legal reformers believe comprehensive legislation is important to balance all interests
The public discussion about surrogacy in Nepal fits into larger conversations about reproductive rights, traditional family form, and ethical issues related to assisted reproduction.
Conclusion
The answer to the question, "is surrogacy legal in Nepal? is pretty straightforward for commercial surrogacy it's illegal under current law. However, there is no in-depth legal framework that governs surrogacy in Nepal as a whole, leading to legal ambiguity, particularly surrounding altruistic surrogacy.
It's important to note that anyone who is thinking about the surrogacy process should proceed with specialized legal advice. Even though there may not be clear regulations does not mean that creating family through assisted reproduction is impossible in Nepal, only that caution will be important in assessing the legal consequences and various challenges.
The law in Nepal will continue to change regarding reproductive legal technologies, so it is recommended to continue educating oneself about legislation that can impact family formation alternatives. Until comprehensive legislation is created, surrogacy in Nepal legally will continue to be difficult.
