AfriPulse
The National Assembly has passed the landmark Assisted Reproductive Technology Bill, marking a significant milestone in the regulation of fertility treatments and surrogacy in Kenya.
Suba North MP Millie Odhiambo championed the legislation, whose history dates back to the In-Vitro Fertilization Bill 2014 during the 11th Parliament. Following the expiration of this first effort, Odhiambo reintroduced the bill in 2022 as the Assisted Reproductive Technology (ART) Bill, specifically crafted to regulate IVF and other assisted reproduction techniques nationwide.
The Bill underwent substantial revisions to safeguard children and society from potential exploitation through surrogacy practices. Homa Bay Town MP Peter Kaluma said that lawmakers prioritized child protection throughout the redrafting process.
Commercial Surrogacy Banned, Altruistic Surrogacy Permitted
Kaluma explained that the Bill bars commercial surrogacy in Kenya, shutting the door on practices that could expose children to paedophilia, organ harvesting and unethical medical research.
“We have shut that possibility, the Bill allows for altruistic surrogacy only for Kenyan citizens. No room has been allowed for foreigners to undertake surrogacy or assisted reproduction in Kenya and therefore, no room for fertility tourism in Kenya,” Kaluma stated.
Who Qualifies for Assisted Reproduction Under the New Law?
The legislation restricts surrogacy access to specific groups. Men must be legally married to benefit from the law, with Kaluma noting the risks if a man obtained a child through surrogacy without genetic relation.
“It permits altruistic surrogacy only for Kenyan heterosexual couples or women whether divorced, widowed or single who are certified by an assisted reproductive technology expert to be infertile or incapable of natural conception,” Kaluma explained.
“We are offering a couple; if you are a man, you must be in a marriage. You may be firing blanks but in a marriage. If you are single, you are in an infertile relationship, so you don’t want children.”
Legal Framework and Child Protection Measures
The proposed law stipulates that life begins at conception and provides legal protection for children born through assisted reproduction technology. It sets a broad legal framework for those who cannot conceive naturally, creates an ART directorate, prohibits human cloning, and provides provisions defining legal parentage for children born through assisted reproduction.
The Bill now awaits Senate approval before becoming law.
Source: NairobiWire.com | Read the Full Story…
