The National Assembly of Kenya has passed the Assisted Reproductive Technology (ART) Bill, 2022, establishing the country’s first comprehensive legal framework for fertility treatment and surrogacy. The Bill is sponsored by Suba North lawmaker, Hon. Millie Odhiambo.
This landmark legislation aims to balance scientific progress with ethical considerations, placing stringent regulations on procedures while banning exploitative commercial practices.
The new law introduces oversight to an area that was previously largely unregulated. It mandates the creation of an Assisted Reproductive Technology Committee under the Kenya Medical Practitioners and Dentists Council (KMPDC). This committee will be responsible for licensing clinics, regulating practitioners, and maintaining a confidential national register of donors, embryos, and children conceived through ART.
The law sets clear rules for procedures such as in vitro fertilisation (IVF), intrauterine insemination (IUI), and gamete and embryo donation.
Crucially, the legislation permits only altruistic surrogacy, meaning a surrogate mother cannot receive any payment beyond necessary medical and insurance expenses.
Specific eligibility criteria are set for both the intended parents and the surrogate:
- Intended Parents: Must be Kenyan citizens aged between 25 and 55 to seek surrogacy.
- Surrogate Mothers: Must be aged 25 to 45, have given birth at least once, and must undergo thorough medical and psychological assessments.
To support the families, the law ensures that surrogates are entitled to 3 months’ leave after birth, and intended parents are eligible for both maternity and paternity leave.
To safeguard ethical standards, the law imposes severe penalties for violations and bans several practices. The most serious offences, including human cloning, the sale of gametes or embryos, and sex selection, can lead to fines of up to Ksh. 10 million or 10 years in prison.
Furthermore, all ART procedures require written consent, and the posthumous use of reproductive material is prohibited. Gamete donations are restricted to a maximum of 10 instances per person, and mandatory counselling is required for both intended parents and surrogates.
A significant outcome of the law is the assurance that children born through assisted reproduction are guaranteed equal legal status to those born naturally, thereby securing their rights and identity.
The bill has now been referred to the Senate for concurrence before it can be presented to the President for assent and formally become law.