Legal Aspects & Altruistic Surrogacy Arrangements in Kenya
The practice of Surrogacy has been part of the Kenyan society for many years. After the South East Asian governments banned Surrogacy, Kenya and Ukraine has emerged as the leading destination for Surrogacy.
Kenya also has been a hub for medical tourism catering to neighboring countries such as Rwanda, Somalia, Sudan and Tanzania.
So far we have had more than 3 pregnancies since 2015 and we were one of the first agencies that set foot in Kenya.
Presently, the proposed “Reproductive Health Care Bill, 2014” governs surrogacy arrangements in Kenya.
Based on the fact and to the best of our knowledge, the “law” is open to interpretation to a certain degree. It must be clearly stated that Kenya has yet to enact any laws surrounding Surrogacy per se.
For a smooth, legal and hassle free process we would obviously need to take care of certain legal aspects. These include the following documents:
- Completed Intended Parent application form,
- Mutual Contract between Parents & Agency, and
- Memorandum of Intent between Parents & the Surrogate Mother. ( also known as a Surrogacy Agreement)
While putting together the start to end scope of services and related professional fees is quite straight forward (refer below). As things presently stand, noting that some of the legal work outlined below depends on whether the surrogacy is for heterosexual or same sex couples, or for a single parent… the typical requirements would be as follows:
- A legally binding Altruistic agreement between the surrogate mother in accordance with
- A legally binding agreement between the donor and the clinic that is providing the medical care to the surrogate mother.
- A legally binding agreement between the donor and the Surrogate.
- Apply for a Birth Certificate.
- Obtain a Court ruling to establish donor as the legitimate father and/ or mother (however applicable).
- Consult with the local relevant donor’s Embassy and apply/register the baby as a citizen and obtain the passport rider or actual passport (however applicable).
- Child adoption by donor’s partner (option only available for heterosexual couples) – presently for same sex couples, if the non-donating partner wishes to adopt the baby, then the process will be easier and work better in the home country.