The National Assembly has passed the Assisted Reproductive Technology (ART) Bill 2022, to regulate fertility treatments, surrogacy and reproductive health in Kenya.
According to Parliament, this marks a significant advancement in the safeguarding of the rights of parents, surrogates and children, while also outlawing exploitative commercial surrogacy and gametes donation.
According to the new law, Kenya will only permit unpaid surrogacy to ensure the rights of children conceived through assisted reproduction are protected.
Individuals engaging in paid surrogacy will face a fine of up to Ksh10 million or 10 years in prison.
Only Kenyans aged between 25–55 years will be allowed to seek surrogacy, with surrogate mothers required to be aged 25–45 years and have at least one child.
The individuals will also be required to pass medical and psychological assessments.
