Abortion Law in Nepal (2026): Safe Motherhood Act 2075 Guide

Abortion in Nepal is legal — within defined gestational windows, on defined grounds, and through licensed providers — under the Safe Motherhood and Reproductive Health Rights Act 2075 (2018) read with the National Penal Code 2074 (2017). The legal position runs from the constitutional right to safe motherhood and reproductive health under Article 38(2) of the 2015 Constitution, through the operational rules of Section 15 of the Safe Motherhood Act, into the criminal-law boundary in Sections 188 to 190 of the Penal Code 2074 for abortions performed outside those rules. Within the legal framework, a pregnant woman can request an abortion on her own decision up to 12 weeks; beyond 12 weeks, abortion is available up to 28 weeks on specified grounds including rape, incest, threat to maternal physical or mental health, foetal anomaly, and incurable disease. Sex-selective abortion is prohibited at any gestational age.

This 2026 (2083 BS) practitioner's guide covers how abortion law works in Nepal: the constitutional starting point under Article 38(2), the Section 15 conditions and gestational windows under the Safe Motherhood Act 2075, the consent and confidentiality rules under Section 16, the licensing of providers and approved facilities under the Safe Abortion Service Listed Drugs and Equipment Regulations, the sex-selective abortion prohibition under Section 188(7) of the Penal Code 2074 and Section 9 of the Safe Motherhood Act, the gestational-band penalty structure under Section 188 for unlawful abortion, the Section 190 six-month limitation, the criminal liability of providers operating outside the licensed framework, and the divorce, family-law and rape-case overlaps that drive most legal-abortion files.

Alpine Law Associates — Nepal Bar Council-registered legal team handling reproductive-rights advisory, abortion-related provider compliance, criminal defence in unlawful-abortion FIRs, rape-ground abortion coordination with the FIR file, and constitutional petitions on reproductive rights under Article 38(2).

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What is the constitutional starting point for abortion law in Nepal?

Article 38(2) of the 2015 Constitution of Nepal guarantees every woman the right to safe motherhood and reproductive health as a fundamental right. The provision is justiciable — a woman denied a lawful abortion within the statutory framework can move the Supreme Court under Article 133 (extraordinary jurisdiction) or the High Court under Article 144 (writ jurisdiction) for an order directing service provision. The constitutional framing matters because it elevates abortion access beyond a policy question into a rights-based entitlement that the state must affirmatively secure.

The constitutional position is reinforced by Nepal's ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1991), the International Covenant on Economic, Social and Cultural Rights (1991), and the Beijing Platform for Action commitments on reproductive rights. The Supreme Court in successive judgments — including the 2009 Lakshmi Dhikta v. Government of Nepal judgment on access to safe abortion services — has interpreted Article 38(2) as imposing a positive obligation on the government to provide accessible, affordable abortion services.

What does Section 15 of the Safe Motherhood Act 2075 say?

Section 15 of the Safe Motherhood and Reproductive Health Rights Act 2075 (2018) is the operational provision. It sets out two gestational windows. Up to twelve weeks of pregnancy, a woman may have an abortion on her own decision — no reason or justification is required, and no spousal, parental or other third-party consent is needed. Up to twenty-eight weeks of pregnancy, an abortion is available on specified grounds: where the pregnancy results from rape or incest; where the pregnancy poses a threat to the life, physical health or mental health of the pregnant woman; where there is a foetal anomaly likely to cause the foetus to be born with serious disability; or where the woman is living with HIV or another incurable disease likely to be transmitted or aggravated by the pregnancy.

Beyond 28 weeks, abortion is permitted only where the pregnancy poses an immediate threat to the woman's life — the late-term provision is narrow. In all cases at all gestational ages, the procedure must be performed by a government-listed licensed practitioner at an approved facility, using the listed drugs and equipment under the Safe Abortion Service Listed Drugs and Equipment Regulations. The Ministry of Health and Population maintains the list of approved facilities; both public and private facilities can be listed.

Who must consent to a lawful abortion?

Section 16 of the Safe Motherhood Act 2075 is unambiguous: the consent of the pregnant woman is the sole consent required. No spousal consent, no parental consent (for adult women), no guardian consent, and no consent of any other family member is required. The Section expressly prohibits any person from compelling a woman to undergo an abortion, or from preventing a woman who has decided to undergo a lawful abortion from doing so. Coercion to abort and prevention of lawful abortion are separate offences carrying their own punishment.

Three narrow exceptions to the woman-only consent rule operate. Where the woman is mentally incapacitated to give informed consent, the guardian's consent (with medical-board concurrence) is required. Where the woman is a minor under 18, parental or guardian consent is required for non-emergency cases; in emergency situations, the licensed practitioner may proceed on the minor's consent. Where the woman is unconscious or otherwise unable to give consent in a life-threatening situation, the practitioner may proceed under the emergency-care doctrine. In all three exceptions, the woman's own decision controls once she becomes able to express it.

What grounds qualify for abortion between 12 and 28 weeks?

Section 15(2) of the Safe Motherhood Act 2075 lists five grounds for abortion between 12 and 28 weeks of gestation. First, where the pregnancy results from rape or incest — the survivor's own statement to the licensed practitioner is sufficient to establish the ground; no FIR copy or court order is required to access the service (though the woman may pursue a parallel rape FIR under Section 219 of the Penal Code 2074 if she chooses). Second, where the pregnancy poses a threat to the pregnant woman's life — assessed by the licensed practitioner with appropriate medical consultation. Third, where the pregnancy poses a threat to the pregnant woman's physical health or mental health — again on the licensed practitioner's assessment.

Fourth, where there is a serious foetal anomaly likely to result in disability or non-viability — established through diagnostic imaging, genetic testing and specialist consultation. Fifth, where the pregnant woman is living with HIV or another incurable disease (the Act lists examples; the practitioner makes the determination). For more on the rape-ground overlap and the parallel criminal-law track, see our companion guide on rape laws in Nepal. Rape-ground abortion does not require the rape prosecution to succeed first — service access and the criminal case run on parallel tracks.

What is the sex-selective abortion prohibition?

Section 188(7) of the Penal Code 2074 prohibits identifying the sex of a foetus with the intention of causing an abortion based on sex, and aborting or causing an abortion after sex identification. The prohibition applies at any gestational age — it is not limited to the 12-week or 28-week windows. Section 9 of the Safe Motherhood Act 2075 separately prohibits any health practitioner from disclosing foetal sex to the pregnant woman or her family. The combination of the two provisions criminalises both demand-side (the family member arranging the abortion) and supply-side (the provider performing it or the technician disclosing the sex) conduct.

The provisions exist because Nepal, like several South Asian jurisdictions, has historically experienced sex-selective abortion driven by son preference. The Ministry of Health monitors sex-ratio data through the Demographic and Health Survey and enforcement is coordinated with the Ministry of Home Affairs. Sex-selective abortion is treated as an aggravated form of unlawful abortion under Section 188, attracting the upper end of the penalty band. Diagnostic ultrasound clinics are required to display notices that foetal sex disclosure is prohibited; violation can result in licence suspension under the Public Health Service Act 2075 alongside criminal liability.

What is the punishment for unlawful abortion?

Section 188 of the Penal Code 2074 sets a gestational-age-graduated punishment ladder for unlawful abortion. Abortion of a pregnancy up to 12 weeks performed outside the Safe Motherhood Act framework attracts up to one year of imprisonment and a fine. Abortion of a pregnancy between 12 and 25 weeks attracts up to three years of imprisonment and a higher fine. Abortion of a pregnancy beyond 25 weeks attracts up to five years of imprisonment and the highest fine band. The ladder reflects the increasing seriousness of the offence as the foetus progresses toward viability.

Criminal liability attaches to the person performing the abortion (the practitioner or any other person), to the person procuring it (the pregnant woman where she instigates outside the legal framework, though prosecution of the woman herself is rare in practice), and to anyone aiding or abetting the procedure. Section 190 sets a six-month limitation period from the date of knowledge of the offence for filing an unlawful-abortion case. Where the woman dies during or as a result of an unlawful abortion, separate liability for the death attaches under Sections 177-181 (causing death) of the Penal Code.

Where can a woman get a lawful abortion?

Lawful abortion services are available at government-listed approved facilities — both public-sector (district hospitals, primary health centres designated as Safe Abortion Service points, provincial hospitals, federal hospitals) and private-sector (private hospitals and clinics that have completed the Safe Abortion Service listing). The Ministry of Health and Population maintains the list. Public-sector facilities provide abortion services free of charge; the Ministry funds the unit cost through reimbursement to the provincial governments. Private-sector facilities charge fees set under the Public Health Service Act framework, though many private facilities also offer subsidised or free services through NGO partnerships (Marie Stopes Nepal, Family Planning Association of Nepal, Ipas Nepal).

The One-stop Crisis Management Centre (OCMC) at major government hospitals provides integrated medical, psychological and legal services for survivors of gender-based violence, including rape-ground abortion referral. Survivors of rape or incest seeking abortion under Section 15(2) can approach the OCMC directly; the clinical assessment, abortion procedure and connection to the parallel FIR process (if the survivor chooses) are all handled in one location. The OCMC network covers all 77 districts as of 2026.

What about minors and unmarried women?

Unmarried women have the same rights as married women under the Safe Motherhood Act 2075. There is no marital-status requirement for accessing lawful abortion services. The Section 16 consent rule applies — the woman's own consent is sufficient regardless of marital status, and no spousal or family consent can be required by the provider.

Minors under 18 face a more nuanced position. For elective abortion within the 12-week window, parental or guardian consent is required in non-emergency cases, reflecting the minor's general capacity status under the Civil Code 2074. In emergency situations — where waiting for guardian consent would endanger the minor's health — the licensed practitioner can proceed on the minor's own consent under the emergency-care doctrine. In rape-ground cases involving a minor (where the pregnancy itself is evidence of statutory rape under Section 219 of the Penal Code), the licensed practitioner can typically proceed without requiring the parental consent that would be required for non-rape cases, on the policy basis that the protective rationale of the parental-consent rule does not extend to cases where the family system has failed to protect the minor. Counsel involved in such cases coordinate with the OCMC and the District Police on the parallel statutory-rape FIR.

What is the criminal liability of an unlicensed provider?

Performing an abortion without holding the Safe Abortion Service listing is unlawful regardless of whether the abortion would have been lawful had a listed provider performed it. Section 188 of the Penal Code 2074 covers the unlicensed practitioner — the gestational-age-graduated penalty applies. Section 189 separately covers the licensed-practitioner-operating-outside-the-rules case (for example, a listed practitioner performing an abortion outside the 12-week or 28-week windows without a qualifying ground). The Nepal Medical Council can also strip the licence under the Medical Council Act on a parallel disciplinary track.

Pharmacists and other persons providing abortion drugs (mifepristone, misoprostol) outside the licensed framework also attract liability under Section 188 read with the Drugs Act 2035 and the Safe Abortion Service Listed Drugs Regulations. The drug-supply chain is monitored by the Department of Drug Administration; over-the-counter sale of abortion drugs without a prescription from a listed practitioner is an offence. Counsel defending provider files works on the licensing-status question, the gestational-age determination, the qualifying-ground assessment, and the documentary trail required by the Listed Drugs Regulations.

How does abortion law interact with the Children's Act and the Domestic Violence Act?

The Act Relating to Children 2075 (2018) protects the rights of the child both before and after birth in defined ways — but the Act does not override the Safe Motherhood Act 2075 framework for lawful abortion. Where the two interact in practice is in statutory-rape cases involving a minor pregnancy: the Children's Act framework operates to protect the minor's welfare during and after the abortion procedure, with the OCMC and the District Child Protection Officer involved in the care plan. For more on the Children's Act framework, see our guide to the Children's Act of Nepal 2018.

The Domestic Violence (Offence and Punishment) Act 2066 (2009) covers coercion to abort within the family as a form of sexual or mental harm. Where a husband, in-laws or family members coerce a woman to undergo an abortion (often in sex-selective contexts), the woman can file a domestic-violence complaint at the CDO, Local Level Judicial Committee, District Police or District Court. The Section 16 prohibition on coerced abortion under the Safe Motherhood Act adds a parallel criminal-offence track. Protection orders, residence orders and interim maintenance are available under the Domestic Violence Act on the standard 90-day filing window. See domestic violence law in Nepal for the broader framework.

How can Alpine Law Associates help with abortion-law matters?

Alpine Law Associates handles abortion-law matters across four practice lines. First, provider compliance — advisory work for clinics, hospitals and individual practitioners on Safe Abortion Service listing, Section 15 conditions, Section 16 consent, documentation requirements, and Drug Administration compliance for the listed drugs supply chain. Second, criminal defence — representation for providers, pharmacists and family members in Section 188-189 unlawful-abortion cases at the District Court, High Court and Supreme Court. Third, rape-ground abortion coordination — for survivors accessing the Section 15(2) rape-ground path, we coordinate the abortion service access with the parallel Section 219 rape FIR file under the Penal Code 2074. Fourth, constitutional and public-interest petitions — Article 38(2) writ work where access is denied or where new policy questions arise.

Our work is confidential at every stage. Where a client's matter touches the sensitive intersection of reproductive rights, criminal law and family law, we coordinate across the practice teams under a single counsel relationship — clients do not have to manage multiple firms. As a full-service law firm in Nepal, our team includes practitioners experienced in reproductive-rights advisory, healthcare regulatory work, criminal defence, and constitutional litigation under the 2015 Constitution.

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Last reviewed: April 2026