Experts stress laws to govern assisted reproduction

BY OUR CORRESPONDENT,Kathmandu, July 29: Legal experts, civil society members, and health professionals have emphasised the urgent need for a specific law governing assisted reproduction technologies (ART) in Nepal. 

Speaking at a discussion programme organised by the Forum for Women, Law, and Development (FWLD) on a draft model law prepared to regulate ART services in the country, the participants emphasised that a dedicated legal framework was essential to regulate service quality, accessibility, privacy, and accountability in the sector.

The draft law aims to ensure the rights, dignity, protection, and access of individuals or couples facing infertility or reproductive challenges through scientifically sound and ethical ART procedures.

Sita Ghimire, a legal officer at the Department of Health Services, Ministry of Health and Population, expressed concern that the government has not initiated any dialogue on ART-related legislation so far. "It's commendable that civil society, through FWLD, has taken the lead in drafting this model law. Even if it's not complete, beginning the conversation on the need for such a law is a significant step," she said.

Although reproductive health rights are included in existing laws, a separate law on assisted reproduction is long overdue, she said.

Advocate Sabin Shrestha, Executive Director of FWLD, presented the concept and necessity of the law, highlighting that six new couples seek fertility services at clinics every week. He pointed out that the Safe Motherhood and Reproductive Health Rights Act of 2018 (2075 BS) only addresses four aspects of safe motherhood, and does not comprehensively cover ART.

He further noted that the government’s 2023/24 policy and programme (2080 BS) announced plans to provide free and safe infertility treatment across all provinces, but it still lacks a detailed legal framework to encompass all aspects of artificial reproduction.

Advocate Dipesh Shrestha explained the structure of the draft law, which is divided into six chapters. These include provisions of rights to ART services, regulation and operation of ART service providers, gamete donation, offenses and penalties, and miscellaneous provisions.

He shared that currently, there are 42 clinics in Nepal providing ART services, with 25 located in the Kathmandu Valley. The cost of such services ranges per cycle from Rs.300, 000 to 600,000, with success rates between 35 per cent and 55 per cent.

Due to the absence of an integrated law covering both service providers and recipients, FWLD developed the model law, which also addresses ethical and safety concerns, donor and child rights, exploitation risks, and human rights issues.

Legal experts including Dev Mehat, Dr. Bishnu Basyal of Nepal Law Campus, FWLD General Secretary Advocate Laxmi Pokhrel, Prabhakar Shrestha of the Family Planning Association of Nepal, Bijita Dahal from the National Human Rights Commission, and health sector professionals provided feedback on areas of improvement in the draft.