Surrogacy in Kenya: A Research Paper
Abstract
Surrogacy has emerged as an increasingly significant aspect of reproductive health services worldwide. In
Kenya, surrogacy remains a relatively new, evolving concept with numerous legal, ethical, and social
challenges. This research paper examines the current state of surrogacy in Kenya, its legal framework,
societal perceptions, ethical considerations, and the challenges and opportunities it presents.
Introduction
Surrogacy involves a woman (the surrogate) carrying a pregnancy for intended parents. It can be classified
into two types: traditional surrogacy, where the surrogate uses her own egg, and gestational surrogacy,
where the surrogate carries an embryo created from the egg and sperm of the intended parents or donors. In
Kenya, surrogacy has gained attention due to infertility issues, changing family structures, and advancements
in reproductive technologies.
Legal Framework
Kenya lacks specific legislation governing surrogacy arrangements. The absence of a comprehensive legal
framework has created a gray area, leading to reliance on private contracts between surrogates and intended
parents. Some related laws include the Children Act, which emphasizes the welfare of the child, and the
Constitution of Kenya, 2010, which guarantees the right to found a family.
In 2019, the Assisted Reproductive Technology (ART) Bill was proposed to regulate surrogacy and other
fertility treatments. The bill includes provisions for the rights and obligations of the surrogate mother and
intended parents, but as of 2025, it remains pending.
Societal Perceptions
Surrogacy is met with mixed reactions in Kenya. While some view it as a solution to infertility and a means of
building families, others consider it taboo, influenced by cultural, religious, and moral beliefs. The lack of
public education about surrogacy contributes to misconceptions and stigma.
Surrogacy in Kenya: A Research Paper
Ethical Considerations
Ethical concerns include exploitation of economically disadvantaged women, the commodification of children,
and issues of informed consent. Ensuring that surrogates are not coerced and are fully aware of their rights is
crucial. Transparency, fair compensation, and psychological support are necessary to uphold ethical
standards.
Challenges
- Legal Uncertainty: The absence of clear laws leaves both surrogates and intended parents vulnerable.
- Social Stigma: Cultural and religious beliefs can lead to discrimination against surrogates and intended
parents.
- Exploitation Risks: There is a risk of exploitation of poor women by wealthier intended parents.
- Lack of Regulation in Clinics: Fertility clinics offering surrogacy services often operate without standardized
guidelines.
Opportunities
- Legislative Reforms: Passing the ART Bill would provide legal clarity and protect all parties involved.
- Public Awareness Campaigns: Educating the public can reduce stigma and promote acceptance.
- Ethical Surrogacy Agencies: Establishing well-regulated agencies can ensure ethical practices.
- International Collaboration: Learning from countries with established surrogacy laws can help Kenya create
a robust framework.
Conclusion
Surrogacy in Kenya holds promise for individuals and couples facing infertility. However, without a clear legal
framework and efforts to address ethical and societal concerns, challenges will persist. Legislative action,
public education, and ethical oversight are essential to ensure surrogacy serves as a positive and
empowering option for all involved.
References
Surrogacy in Kenya: A Research Paper
- Constitution of Kenya, 2010.
- Children Act, Laws of Kenya.
- Assisted Reproductive Technology (ART) Bill, 2019.
- Wanyeki, L. M. (2021). "Surrogacy and the Law in Kenya: Gaps and Opportunities." Nairobi Law Review.
- Ogutu, O. (2022). "Assisted Reproduction and Ethical Considerations in Kenya." Kenyan Medical Journal.
