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Is it the end of surrogacy in Nepal?

October 15, 2015

In September a few private Nepalese lawyers appealed to the high court in Nepal against the Nepalese Government in respect to the Cabinets’ decision that allows for Surrogacy to take place in Nepal.

Gal Sava, ‘Viva Family’ Founder & CEO, sheds light about the situation in Nepal, tells us what to expect and reveals what are relevant destinations in the case that Nepal bans surrogacy.

What happened in Nepal?

An appeal has been made against the fact that surrogacy takes place and is not instituted in the law (although there is no law prohibiting it).  The court of Justice asked the State of Nepal to address questions such as – what are the rights of the surrogate mother, what are the child’s rights etc. As a result, the Health Services provided its response.  Based on the reply, the court in Nepal needs to decide whether it allows to carry out surrogacy or to freeze the process until a procedure is constituted.  At the moment it is not clear when and if this matter will be settled, and even if it is settled, it seems that singles and same sex couples won’t be able to go through the surrogacy process in Nepal.

There are a few possible scenarios:

Optimistic scenario – the position of the state will be accepted and surrogacy will become legal and constituted in the law.

Pessimistic scenario – the position of the state will be rejected and surrogacy will become illegal.

Realistic scenario – the state will ask to constitute the procedures.  This will allow for one of two circumstances: one will allow surrogacy to continue while the procedures are being constituted in the law and the second will forbid surrogacy to be carried out while the procedures are being constituted.

Is it expected to change?

In a few weeks we will know what the court has ruled. In case the court requires to freeze all procedures until the constitution of the law, most likely that Nepal will close its gates for an unlimited period of time (most likely permanently).

What will happen to the couples that began the process?

In regards to existing pregnancies, of course the babies will be born in Nepal and it will not be difficult to exit Nepal since the existing procedures had taken place prior to the appeal.

Couples that are now beginning the process, should they choose this destination?

The recommendation at the moment is to start the process in other countries that allow surrogacy.  We do not know when and if surrogacy will be legalized in Nepal.  In Mexico, for example, the load that will be created in the near future will result in many delays and possibly to changes in the law, so that the number of couples or the types of couples may be limited.

What destinations have been active in the past and are now barred or risky?

India was the most common destination until it shut its gates to singles and same sex couples (and is still an option to married man – and – woman couples.) Up until a year ago Thailand was also a popular option (especially once India was no longer an option), yet as opposed to India, it has ended up completely banning surrogacy.  Another option was Nepal, up until a month ago, however now it is not clear what will be the decision.

What are the options available these days?

Married men and women have quite a few options – Ukraine, India, USA, Mexic.  Each destination has advantages and disadvantages, the costs vary from one place to another.

As for single parents and same sex couples the only options at the moment is surrogacy in Mexico and surrogacy in the US.

The couples that can’t afford surrogacy in the US due to the high cost are being advised to hurry since destinations tend to shut.   surrogacy in Mexico is the only additional option replacing Surrogacy in Nepal.  Surrogacy in Mexico is an attractive destination due to inexpensive cost, because of its stable legal system and the fact that it offers a high level of service and facilities.  Viva Family has been operating in Mexico in the past 2 years, many couples have had their baby through surrogacy in Mexico, and there are many couples in the midst in the process, in various stages.

Viva Family was established in 2009, and has ‘given birth’ to hundreds of children born in numerous countries that provide surrogacy process.  At present Viva Family offers several different packages in Ukraine, India, Mexico and the US.



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