• Constitution of Nepal, 2015

  • Article 38: Right of women to reproductive health.

  • Article 35: Right to basic health services.

  • Article 18: Right to equality and non-discrimination.

• Muluki Civil Code, 2074 (2017)

  • Provisions on marriage, legitimacy of children, parentage, inheritance rights.

  • Legal recognition of children born through assisted reproduction within lawful marriage.

• Public Health Service Act, 2075 (2018)

  • Regulation of health institutions and medical standards.

• National Health Policy & Ministry Directives

  • Licensing and regulation of fertility clinics.

• Surrogacy Legal Context

  • Commercial surrogacy is currently restricted/prohibited under Nepalese law.

  • Supreme Court rulings have shaped the interpretation of surrogacy rights.

• Nepal Medical Council (NMC) Regulations

  • Ethical standards for fertility specialists and ART clinics.

3. Key Legal Provisions Related to IVF in Nepal

Parentage and Legitimacy

• A child born through IVF to a legally married couple is considered legitimate.

• Both spouses must provide informed consent.

Consent Requirements

• Written consent from both husband and wife is mandatory.

• Donor anonymity may apply depending on clinic policy.

Embryo and Genetic Material

• Ownership, storage, and disposal must follow medical ethics and contractual agreement.

• Unauthorized use may result in civil and criminal liability.

Surrogacy

• Commercial surrogacy is restricted.

• Altruistic arrangements remain legally sensitive and must be cautiously structured.

Citizenship and Registration

• Birth registration required at local ward office.

• Citizenship eligibility follows parentage laws under Citizenship Act.

4. Administrative Authorities Involved

The following authorities oversee IVF and assisted reproduction matters in Nepal:

• Ministry of Health and Population (MoHP)

• Department of Health Services

• Nepal Medical Council (NMC)

• Local Ward Office (Birth Registration)

• District Administration Office (Citizenship Matters)

• Courts of Nepal (in case of dispute)

5. 5W1H of IVF and Assisted Reproduction Legal Issues in Nepal

What is IVF legally in Nepal?

A medically assisted reproduction technique regulated under health and civil law frameworks.

Who can undergo IVF?

Legally married couples primarily; eligibility depends on clinic policy and medical assessment.

When is legal compliance required?

Before embryo implantation, during consent documentation, and at birth registration stage.

Where is IVF legally performed?

In licensed fertility clinics approved by Nepalese health authorities.

Why is legal consultation necessary?

To avoid disputes over parentage, inheritance, embryo ownership, and citizenship.

How is IVF regulated?

Through medical licensing, consent protocols, constitutional rights, and civil law provisions.

6. Eligibility Criteria for IVF in Nepal

• Legally married heterosexual couple (as per current prevailing practice).

• Medical diagnosis of infertility.

• Age suitability (as per clinic guidelines).

• Informed written consent.

• No violation of surrogacy restrictions.

• Compliance with Nepal Medical Council ethical standards.

7. Documents Required

• Citizenship certificates of both spouses.

• Marriage registration certificate.

• Medical infertility diagnosis report.

• Written informed consent form.

• Clinic agreement documents.

• Passport (if foreign nationals involved).

• Birth registration documents (post delivery).

8. Step-by-Step Legal and Administrative Process

Step 1: Medical Consultation

Visit licensed fertility clinic for infertility assessment.

Step 2: Legal and Ethical Counselling

Review consent documents and legal implications.

Step 3: Signing Consent

Husband and wife sign IVF agreement and medical consent.

Step 4: IVF Procedure

Egg retrieval, fertilization, embryo transfer.

Step 5: Pregnancy Monitoring

Step 6: Birth Registration

Register child at ward office within statutory period.

Step 7: Citizenship Documentation

Apply for citizenship based on descent.

9. Cost of IVF in Nepal

• IVF Procedure: NPR 3,00,000 – NPR 5,00,000 per cycle.

• Medication: NPR 50,000 – NPR 1,50,000.

• Legal consultation (if required): NPR 25,000 – NPR 1,00,000.

• Birth registration and documentation: Nominal administrative fee.

Costs vary depending on clinic, complexity, and donor involvement.

10. Timeline

• Medical Assessment: 2–4 weeks

• IVF Cycle: 4–6 weeks

• Pregnancy Period: 9 months

• Birth Registration: Within 35 days of birth

• Citizenship Processing: 1–3 months

11. Other Legal Compliances

• Compliance with embryo storage policy.

• Ethical approval for donor gametes.

• Cross-border reproductive compliance (if foreign involvement).

• Data privacy and confidentiality under health laws.

• Tax compliance for clinics.

• Court declaration in case of disputed parentage.

12. Frequently Asked Questions (SEO & Snippet Optimized)

Is IVF legal in Nepal?

Yes, IVF is legal in Nepal when performed in licensed medical institutions with proper consent and compliance with health regulations.

Is surrogacy legal in Nepal?

Commercial surrogacy is restricted. Legal advice is strongly recommended before entering any arrangement.

Can unmarried couples do IVF in Nepal?

Current practice favors legally married couples; unmarried access is legally uncertain.

What is the cost of IVF in Nepal?

The average IVF cycle costs between NPR 3–5 lakhs excluding medication and additional procedures.

Is donor sperm or egg allowed in Nepal?

Yes, subject to medical and ethical guidelines of licensed clinics.

Is a child born through IVF legitimate in Nepal?

Yes, if born to a legally married couple with proper consent.

Can foreigners do IVF in Nepal?

Foreign nationals may access IVF services, subject to visa and medical regulations.

How to register a baby born through IVF in Nepal?

Register at the local ward office with hospital birth certificate and parent citizenship documents.

13. Disclaimer

This article is for informational and educational purposes only and does not constitute legal advice. Laws and regulations regarding IVF and assisted reproduction in Nepal are evolving. Professional legal consultation is strongly recommended before entering any assisted reproduction arrangement.

Need Legal Assistance for IVF or Assisted Reproductive Matters in Nepal?
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