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The surrogacy practices have been prohibited since 14 July 2016 through court decision and currently, there are no specific laws addressing surrogacy issues. In the case of Pushpa Raj Pandey v Office of Prime Minister, Ministry of Health and Population (Decision Number: 9757) decided on 14 July 2016, the Supreme Court of Nepal has decided the following:
- Completely ban commercial surrogacy since a mother’s womb can never be commercialized. It can be only allowed if a Nepali married couple has been certified by a medical board that they are incapable of producing children because of infertility or other health conditions,
- Same-sex couples or single men and women shall not be allowed to practice surrogacy,
- Foreigners are not to be allowed to practice surrogacy in Nepal.
The Supreme Court has only allowed surrogacy for Nepali married couple who are incapable to born the children due to infertility or other health conditions. The decision has further instructed to develop the law to regulate the same. However, decision is silent regarding the status of Child born before 14 July 2016.
The decision of Supreme Court is considering as the precedent in Nepal, so it is recognized as the source of law in Nepal. Given this context, our opinion is that surrogacy for foreigners in Nepal is deemed illegal based on the Supreme Court’s judgment. Therefore, seeking approval for the adoption of a surrogate child born in Nepal through the Government of Nepal is neither appropriate nor relevant.
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