Wombs for rent

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The debate hiring mothers to conceive some else's children began in 2012 in Kathmandu District Court following efforts to give legal status for a child born from surrogate mother. The debate came to the fore after Ujjwal Shamsher Rana of Sukedhara, Kathmandu hired a surrogate mother, Ayushma Nagarkoti, to help the couple grace with a child. After the child was born, wife of Rana filed for divorce at Kathmandu District Court citing that the baby was born without her consent.

This case was first of its kind for the Nepali court. Nevertheless, this revealed the fact that Nepali couple has been using surrogate mother to help them have children. A surrogate mother, however, is yet to be defined by Nepali justice system. Ujjawal had done a 15 points agreement that was registerd at a local governmet office with the surrogate mother.

While law falls behind, people are resorting to surrogate mothers with majority of these couple hide themselves from scene given the social stigma and taboo. In March of 2012 a couple in Patan of the country convinced their sister-in-law to give birth to their children where sperm of male was planted into women womb. The couple had argued that they need to pay more money for the surrogate mother while their sister-in-law would realize their mental state of not having children.

Renowned advocate and women rights activist Sapan Pradhan Malla said she is sometimes consulted by couple on legal issues of surrogacy. Malla says many people are aware of surrogacy but they don’t speak up due to silent law.
Chief of Infertility Center Dr Shreewastav said at least 5 to 7 couple come to her office to take consultation regarding surrogacy. Dr Bhola Rijal, senior gynecologist said that he too sees enthusiastic couple wanting surrogate mothers. He said due to the lack of clear definition in law, they go to India to have their baby delivered.

Nepali society remains divided over surrogacy issue at a time when it has accepted test-tube babies. The government officials and law makers too have opposing view on the issue. Many argue that surrogacy should not be legalized as surrogate mothers might be subject to exploitation; the biological mothers don't accept the child if they are born with defects among others. Some others argue that lives of women can be uplifted from poverty if surrogacy is legalized and human trafficking will also decrease.
President of Women Commission Naina Kala Thapa is ageist legalizing surrogacy. She argues that Nepali women shall be deemed as 'baby production factory' is law allows the activity.
Despite these arguments, Nepal people make their way to cities of India to have their child delivered while some hospitals are doing it secretly. For an Indian mother one has to pay $6000 for child while for Nepali the couples pay dollar one to two thousand.
Indians, who are close to Nepal, also take it as their pride to have their child delivered by "Himalayan" woman.


 (Published in 19th Dec 2010 in Nepal Magazine- 
http://nepal.ekantipur.com/news/2015-08-28/20150828092508.html
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Janak Raj Sapkota is a Kathmandu-based print and multimedia journalist and a social researcher focusing primarily on prominent social issues in Nepal including labor migration, human trafficking and social justice. He is the author of multiple books on labor migration and has contributed reporting to major global media networks. He is currently Senior Sub-Editor at Kantipur Publication, Nepal's leading media house.

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