At the present time, Nepali law does not recognize surrogacy. Accordingly, surrogacy contracts are not enforceable in Nepal. However, the Government of Nepal has expressed the intention of introducing guidelines which would make surrogacy legal for foreigners. Until those guidelines are adopted, legal uncertainty remains, particularly with respect to documenting children born through surrogacy, and with respect to obtaining exit permits for such children to leave the country.
The Embassy’s role is to determine if the child is a U.S. citizen, and if so, to issue a Consular Report of Birth Abroad, and a U.S. passport. To obtain a Consular Report of Birth Abroad, the parent must present all of the documents required for an application where one parent is a U.S. citizen and the other parent is not. In addition to those documents, the parent should present:
- The surrogacy contract.
- Hospital discharge papers for the child and the gestational mother.
- ID of the gestational mother.
- Birth certificate issued by the local hospital. (Please be sure that the hospital does not designate the gestational mother as the “wife” of the American father.)
- Birth registration (janma darta pramaan patra) issued by the local municipality or village development committee in which the hospital is located.
The U.S. parent and child will also be required to undertake a DNA test confirming the biological relationship. The parent should order a DNA kit from a laboratory in the United States that is accredited by the American Association of Blood Banks.
Please note that, because the gestational mother still has the ability to exercise parental rights under current Nepali law, she must consent to the issuance of a U.S. passport. She may do so by appearing in person with the U.S. parent at the time of the passport application in order to sign the passport application (Form DS-11) in the presence of the Consular officer, or may separately come to the Consular Section and sign a statement consenting to issuance of the passport on Form DS-3053 in the presence of a Consular officer. Passport forms can be obtained at http://travel.state.gov.
Once we obtain the physical copy of the DNA results, we will process the CRBA and Emergency U.S. passport applications. It takes 3 working days to process these applications and produce the Emergency passport. Please do not book the airline ticket until you have the physical passport with you.