Surrogacy Law in Kenya- For childless couples

The government of Kenya is very kind, and hence they have no legal Surrogacy Law in Kenya. Kenya is a country where couples of same-sex or different- sex can travel for their surrogacy procedure. According to the rule of surrogacy procedure, the surrogate must be of age between 21 to 30 years and preferably a married surrogate with kids.
In Kenya, the surrogacy is also treated as just one method to treat the infertile couples same as the other infertility methods such as IVF, IUI, Egg donation, embryo donation, ICSI etc.
The government of Kenya says that before putting any legal Surrogacy Law Kenya, we should understand what’s the purpose of the surrogacy and for whom it is recommended.

What is Surrogacy & surrogacy law Kenya?

Surrogacy is a very simple and safe procedure for the childless couples where they can hire a woman who agrees to help them by carrying their baby in her womb for 9 months until the birth as the intended mother is not able to carry the pregnancy because of some medical problems.

The government of Kenya understands that the surrogacy is not illegal it is just a procedure which helps the childless couples to enjoy the parenthood happily. This is the reason that there is no legal Surrogacy Law in Kenya.

The government says that people who are involved in the surrogacy procedure they just have to sign the contract which mentioned that the surrogate will hand over the child to the intended parents after the birth and the intended parents need to file a petition after 3 days of the childbirth to get the new birth certificate which Department of Vital Statistics issue in the name of intended parents as a sole legal parents of the newborn.

surrogacy law kenya 2020

To whom Surrogacy recommended

Surrogacy is recommended for the women with several problems:

  • The medical problem with the uterus of the women.
  • Certain conditions which make pregnancy difficult for the women such as heart disease, diabetes
  • Women who had the hysterectomy and her uterus have been removed.
  • Surrogacy also makes the parenthood possible for those couples who cannot opt for the adoption method due to their marital status.
  • The women with over age of 35 years whose ovarian reserve starts falling.
  • A gay can also opt for the surrogacy procedure where one of them can use his sperm for the fertilization of the eggs of the surrogate through artificial insemination and then surrogate can carry a baby until birth for them or they can use the donated eggs which can be fertilized with their sperm and the embryo is then implanted in the womb of surrogate mother to carry the pregnancy until the baby birth.

File Petition

The intended parents need to file the petition after 3 days of the baby born as the Surrogacy Law Kenya is held that the newborn is entitled to the identity of his or her genetic parent. Both the parties before entering into the surrogacy need to sign the contract which states that the baby after birth is hand over to the intended parents without any concerns. The Court can issue the new birth certificate in the name of intended parents as legal parents.
Surrogacy is not an easy procedure it requires a lot of emotional and mental support, so we prefer the married surrogates with kids to bear the stress of the surrogacy procedure.