Anti-trafficking group urges Nepal and India to investigate claims of vulnerable women being lured into commercial surrogacy arrangements across the open border.

Maiti Nepal has called for an immediate investigation into allegations that economically and socially vulnerable Nepali women are being recruited and taken to India for commercial surrogacy arrangements. The appeal follows an investigative report by the Indian newspaper, Dainik Bhaskar, that described networks of intermediaries using financial incentives to involve women from various parts of Nepal in such practices.

In a statement, the organisation expressed deep concern that if verified, the claims would point to serious issues of human trafficking, exploitation, women’s rights violations and the absence of free and informed consent. Maiti Nepal urged the governments and law enforcement agencies of both Nepal and India, along with the National Human Rights Commission, to act swiftly, identify any involved networks and strengthen monitoring along the Nepal-India border.

Allegations from the Dainik Bhaskar Investigation

According to the Dainik Bhaskar probe, brokers operating near the Uttar Pradesh-Nepal border have been facilitating arrangements in which Nepali women are brought into India. Reports describe deals valued at up to ₹1 crore paid to intermediaries, while the women themselves reportedly receive ₹20–25 lakh. In some accounts, the women stay for one to one-and-a-half years, become pregnant through sexual relations rather than medical procedures, and are returned to Nepal after delivery. The investigation highlighted demand linked to preferences for fair-skinned babies and framed the activity as a new form of trafficking trend.

Reporters from the outlet described contacting Nepal-based agents and posing as relatives of a childless couple to map the network. Names of intermediaries such as Sushma Thapa, Deepu and Om surfaced in the reporting. While commercial surrogacy is heavily restricted in both countries, the open border and economic vulnerabilities appear to create opportunities for such underground activity.

Concerns Over Trafficking, Exploitation and Consent

Maiti Nepal stressed that any women caught in these arrangements must be treated as victims needing protection and support, not as perpetrators. The organisation highlighted risks of coercion, lack of genuine consent and the commodification of women’s bodies, especially among those facing poverty or social disadvantage.

These concerns sit within a longer pattern of cross-border exploitation. Nepal remains a source, transit and destination country for trafficking, with estimates of thousands of women and girls trafficked to India each year, often into sexual exploitation or forced labour. Similar warnings have been raised about other forms of cross-border abuse, including illegal marriage brokerage targeting Nepali women.

Legal Backdrop: Bans on Commercial Surrogacy

Commercial surrogacy has been banned in Nepal since 2015. A Supreme Court stay in August 2015 and a subsequent Cabinet decision ended an earlier brief period when the country had attracted foreign couples using non-Nepali surrogates. The Court later directed that any future framework should prohibit commercial arrangements entirely, restrict access largely to infertile Nepali married couples on an altruistic basis, and bar foreigners, single persons and same-sex couples. No comprehensive regulatory law has yet been enacted.

In India, the Surrogacy (Regulation) Act 2021 permits only altruistic surrogacy under strict conditions and prohibits commercial arrangements. Despite these restrictions, underground networks have persisted, sometimes shifting locations or methods when one jurisdiction tightens rules. The porous Nepal-India border has historically complicated enforcement.

Calls for Bilateral Investigation and Support

Maiti Nepal specifically recommended that authorities provide affected women with legal assistance, healthcare, psychosocial counselling, safe repatriation where needed, and long-term rehabilitation. The group called for a thorough fact-finding exercise to establish accountability if trafficking or exploitation is confirmed.

Recent bilateral steps offer potential tools. Nepal and India signed a Mutual Legal Assistance treaty in criminal matters earlier in 2026, aimed at improving cooperation on transnational crime, including human trafficking. Stronger use of such mechanisms, combined with enhanced border vigilance and intelligence sharing, could help disrupt networks.

Broader Context of Vulnerability and Protection Gaps

Economic hardship, limited local opportunities and social pressures continue to leave many Nepali women exposed to deceptive offers of work, marriage or quick money. Anti-trafficking organisations such as Maiti Nepal, which has operated for more than three decades with transit homes, rehabilitation facilities and advocacy work, have repeatedly underscored the need for prevention, rescue and sustained support.

Parallel issues, including reports of egg donation networks targeting specific communities and earlier patterns of surrogacy tourism that once moved across the region, illustrate how reproductive exploitation adapts to legal changes. Rights groups argue that without clear regulation, effective monitoring and economic alternatives, vulnerable women remain at risk.