Surrogacy was halted by the Nepal Supreme Court on August 25, 2015 and the practice was formally banned by a Cabinet decision on September 18, 2015, using the Supreme Court decision date as a cut-off. The Supreme Court’s final verdict was announced on December 12, 2016, and holds that surrogacy is legal for infertile Nepali married couples, but illegal for single men or women, transgender couples, and foreign nationals.
Surrogacy services are not permitted in Nepal. This includes ancillary services such as birth documentation and the issuance of a visa/exit permission in cases where the child was born in Nepal, even where IVF/surrogacy services were provided outside of Nepal. Without a visa/exit permission a newborn child will not be able to leave Nepal.
The reasonable gestation period for a child conceived before August 25, 2015 has passed. There should be no remaining cases and the Nepali government will not look favorably on any further cases brought to their attention. While international surrogacy service providers continue to mention Nepal as a possible location for surrogacy services, potential parents should not consider Nepal for surrogacy. Do not begin an IVF/surrogacy process where any part of the process, including the birth of the child, will occur in Nepal.
Please also read general information from the U.S. Department of State regarding the use of Assisted Reproductive Technology abroad.
(Updated May 2018)