Legal Framework:
- Nepal upholds the importance of Sexual and Reproductive Health Rights (SRHR) for women through the Civil Code 2074. This legislation guarantees every woman the right to reproductive health and the freedom to make informed choices regarding reproductive matters.
- SRHR includes the right to access information, freedom from forced abortion, and the right to express one’s sexuality.
Policies and Commitments:
Nepal has established several health policies to enhance women’s health, including:
- National Safe Motherhood Policy: Focuses on maternal health and safe childbirth.
- National Safe Abortion Policy: Ensures access to safe abortion services.
- National Skilled Birth Attendants Policy: Aims to improve maternal and neonatal care.
- Free Essential Health Care Policy: Guarantees access to essential health services.
- Free Delivery Policy: Provides free delivery services.
Recent Discussions and Consultations:
The Center for Reproductive Rights has actively engaged with Nepalese leaders and experts to address issues related to infertility, assisted reproduction, and surrogacy.
Assisted Reproductive Technology Consultative Meeting (June 17):
Parliamentarians discussed the legal aspects of infertility, assisted reproduction, and surrogacy. Hon’ble Justice Sapana Pradhan Malla, a Supreme Court judge, highlighted legal frameworks and jurisprudence from a rights-based perspective.
Infertility and Assisted Reproduction Consultative Meeting (June 20):
High-level government officials and human rights experts examined infertility and assisted reproduction through a women’s rights and human rights lens. Dr. Renu Adhikari, Chair of the National Alliance of Women Human Rights Defenders, shared her insights on infertility and assisted reproduction. The focus was on developing legal and regulatory drafts to address these issues.
Challenges and Rights:
Surrogacy raises complex ethical and legal questions, particularly concerning children’s rights. Children born through surrogacy may face challenges related to identity, health, and protection against exploitation.
Final Thoughts:
The discourse on surrogacy and assisted reproduction in Nepal showcases the country’s commitment to addressing complex bioethical issues while safeguarding reproductive rights. As Nepal navigates these challenges, it is crucial to balance technological advancements, legal frameworks, and cultural values. Ongoing dialogues, consultations, and legislative efforts reflect a proactive approach to crafting progressive policies that respect individual rights.
The ultimate goal is to ensure access to reproductive technologies without compromising ethical standards or the rights of all parties involved, especially the children born from such arrangements. This journey requires continuous reflection, adaptation, and collaboration among lawmakers, healthcare providers, and civil society to create an inclusive and equitable landscape for reproductive health in Nepal.
- Conclusion:
Stay informed and engaged with the evolving legal landscape of surrogacy and assisted reproduction in Nepal. As we work towards ensuring reproductive rights for all, it is essential to foster an environment where ethical standards and individual rights are upheld. For more updates and insights on legal issues related to reproductive health, follow our blog and join the conversation on shaping a just and equitable future for all.
