Nepal stops surrogacy

Nepal stops surrogacy

Last week the Nepal Supreme Court ordered that commercial surrogacy there stop.The order is made until the conclusion of the case, where according to reports, a lawyer has claimed that surrogacy involves exploitation of the surrogate and the child.

Currently 11 Australian babies have been born in Nepal, and left, and about another 60 surrogacies involving Australian intended parents are under way.

It turns out that Nepal has no legal framework for surrogacy at all. Part of the criticism in the case is that the basis for surrogacy in Nepal is a cabinet decision last year to allow surrogacy, provided that the surrogate is not from Nepal. In other words, the Nepalese Government did not ensure that laws were passed to allow surrogacy, just an agreement in principle, that fertility tourism was a great idea, as long as it did not involve Nepalese women, which necessarily means that the surrogates come from India.

A further criticism in the case is that birth certificates are not issued by the appropriate authorities, but by the hospitals concerned, and that children leaving Nepal are doing so in breach of the 1961 Hague Convention on the Protection of Infants. Australia is not a signatory to that Convention. Neither is Nepal.

It is not known how long the order will remain in place or what impact it might have, especially on those midway through the process.

It is yet another example of unclear processes and lack of clarity in a developing country (as seen previously in India in 2012 and Thailand last year) that has led to rules being changed, or indeed rules suddenly being written or created, which changes the game for those unfortunate enough to have gone there.

It is yet another example why compensated surrogacy should be allowed to occur in Australia- to reduce demand for overseas surrogacy arrangements in developing countries. Australians would much rather go to their local IVF clinic and undertake surrogacy here than go somewhere else, given the choice.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

High Net Worth Divorce: What You Need to Know

When a relationship ends, the legal rules about dividing property, superannuation, and financial responsibilities do not magically change just because someone is wealthy. The same family law principles still apply. But high net worth divorces bring a different level of complexity. In practical terms, these are cases where couples separation involves significant assets and superannuation,… Read More »High Net Worth Divorce: What You Need to Know

Iran Surrogacy: Critical Warning for Australian Intended Parents

International surrogacy can feel like the only path forward when home options are limited. For some Australian intended parents, Iran has been on the shortlist, particularly for those of Iranian heritage who were trying to navigate infertility treatment and surrogacy within Iranian law. However, the risks associated with Iran surrogacy must be seriously considered. But… Read More »Iran Surrogacy: Critical Warning for Australian Intended Parents

Shocking Surrogacy Numbers: What Australia Isn’t Telling You

Why the data matters Numbers have a way of cutting through opinion. When it comes to surrogacy, statistics reveal risks that law and policy sometimes miss. Recent figures presented at a national surrogacy forum show a pattern that should worry intended parents, practitioners and policymakers alike: dozens of children born through overseas surrogacy may be… Read More »Shocking Surrogacy Numbers: What Australia Isn’t Telling You

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board