Nepal has recently become an option for international surrogacy. This is mainly due to it’s proximity to India. The push for Nepal came when India closed it’s doors to LGBT coupes and singles and the clinics and doctors in India were looking for a way to replace this income.
Nepal – Surrogacy in Nepal is generally accomplished using Indian surrogates and they are moved to Nepal for delivery. At this stage, the laws allowing commercialized surrogacy are “in process” but not formalized and not guaranteed to be so (though there is high confidence the laws will materialize). Typically, the Indian clinics and their physicians set up shop in neighboring Nepal to complete the embryo transfer and surrogates will spend their gestation in India. It is the end where they are moved back to Nepal or sometimes may stay in Nepal throughout their pregnancy.
Positives of Nepal
- Nepal is using doctors who are pretty experienced in surrogacy and IVF as they are the same clinics and physicians who have been working in India for the last 20 some years (https://gayswithkids.com/changing-surrogacy-options/).
- There does seem to be an effort by the Nepalese government toward a legal framework to make surrogacy defined and legal (within bounds). It is hard to find clear information on this online but many advocacy groups seem to feel this is the case. If anyone has further information, please comment an link.
- It will be interesting to see the rest of the positives as they form but as Nepal is so new, it is hard to comment too much until they come up with a law. If they create framework similar to India but allowing gay couples, they could make for a decent destination.
Negatives of Nepal
- At this point, there is no legal framework and contracts being created and pregnancies started are putting a great deal of faith in surrogacy becoming legal and safe. This makes me nervous because while couples with babies might be fine even if they find it illegal (typically countries when placing restrictions will allow those children already created a path out with their Intended Parents), couples who have just started or have embryos will likely find themselves in the same place as couples in Thailand (unable to get their embryos out).
- Another serious concern with surrogacy in Nepal is the medical infrastructure. While India has hospitals capable of handling high level NICU issues, this is not the case with Nepal. I would highly recommend anyone considering Nepal for their pregnancy review the following report: Pediatrics App Publications
- It is difficult to determine the other possible negatives with Nepal as it is so new and as there is no legal framework at this time, evaluating the rights of Intended Parents, surrogates or the children born from these arraignments is challenging.
I think at this stage, the idea with Nepal is to proceed with caution. I will feel much better about it’s outlook as an emerging surrogacy market after more is learned about the legal structure it takes.