"Without Respect to one's Belly: to give birth to and immediately give away a child - is this possible?"
an article by Rosjurconsulting Director General Konstantin Svitnev, legal expert with the European Society for Human Reproduction and Embryology

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IV International Congress, Current Assisted Reproductive Technologies Issues: Problems and Solutions



Nepal outlaws surrogacy

From now on surrogacy in this Asian country is outlawed. Although it’s only an interim measure prior to consideration by the Supreme Court on September 15 the claim of non-compliance of surrogacy with local laws, it is likely that severe restrictions will be imposed in addition to the already existing prohibition for the female residents of Nepal to become a surrogate mother.

The decision by the Supreme Court virtually paralyzed the activities of numerous local clinics and intermediary companies working dealing with surrogacy and caused panic in Australia and Israel. Hundreds of future parents from these countries shifted their program to Nepal after the recent collapse of the Thai surrogate market. About 200 couples of prospective parents can end in a legal limbo, just as it happened in Thailand. This blow to the surrogacy in Nepal would have much more serious consequences than the recent devastating earthquake when newborn surrogate children and pregnant surrogates were taken out of the country to Israel by special flights. After the introduction of stringent restrictions on surrogacy in India and a de facto ban of surrogacy in Thailand, Nepal for a short time has become the Asian center for surrogacy, also due to the fact that not just heterosexual, but also homosexual couples could become parents through surrogacy there. It seems that now the surrogacy in Nepal comes to an end.

In his comments, posted on www.surrogacy.ru Rosjurconsulting C.E.O. Konstantin N. Svitnev noted that Nepal along with Mexico and Ukraine due to the lack of legal regulation and inconsistent legal practice, not to mention the disastrous economic situation and the high level of crime is a high risk destination for intended parents. In addition, there are serious questions concerning the deception and exploitation of surrogates, as well as non-compliance with basic health and safety standards in the local "surrogate" farms.

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