What to know before becoming a surrogate mother in Kenya
Surrogacy is a reproductive arrangement where a woman agrees to carry and give birth to a child for another person or couple, who will become the child’s legal parent(s) after birth. It offers a lifeline to couples or individuals unable to conceive naturally but requires careful consideration of legal, medical, and ethical implications.
Also Watch: 2 out of 10 couples in Kenya affected by infertility
You might also like
Kenya has taken a major step in regulating surrogacy and assisted reproductive technologies (ART) with the passage of the Assisted Reproductive Technology (ART) Bill, 2022, by the National Assembly on November 11, 2025.
Sponsored by Hon. Millie Odhiambo of Suba North, the bill now moves to the Senate for further consideration.
On Tuesday, November 11, 2025, during the Third Reading of the Bill, Speaker Moses Wetang’ula hailed Members of Parliament for concluding what he described as “a long and protracted process”, commending them for enacting a law that is both morally grounded and culturally sensitive.
“Thank you, Honourable Members, for finally bringing to an end this long, protracted process,” he said, lauding Suba North MP Millie Odhiambo-Mabona for refining the legislation.
“Honourable Millie, you should also thank your colleagues for tremendous industry in making your bill have a moral colour and make it applicable to our country, without giving a window to foreigners to come in and do things that are unacceptable to us,” the House Speaker added.
Wetang’ula praised Odhiambo for her courage in championing the Bill, saying she had given a human face to an issue often shrouded in stigma.
“Very few people own up to their situation and do what you have done. The majority live in denial,” he said, quoting Jamaican-American poet Roy “Gramps” Morgan: “Heaven has a place for people like you.”
The legislation provides a comprehensive framework for ART practices, including surrogacy, in a bid to protect all parties involved: commissioning parents, surrogate mothers, and donors.
Key Provisions for Surrogacy
- Altruistic Surrogacy Only: Commercial surrogacy is prohibited. Only altruistic surrogacy is allowed, targeting Kenyan citizens who are divorced, widowed, or single, and certified by an ART expert as unable to conceive naturally.
- Eligibility of Surrogate Mothers: Surrogates must be at least 25 years old and have previously given birth to at least one child. They will relinquish all parental rights, and the commissioning parents will assume legal parenthood upon birth.
- Surrogacy Agreements: All agreements must be in writing, witnessed by at least two people, and outline the child’s care, upbringing, and welfare. Only individuals with the legal capacity to enter into agreements are eligible.
- Clinic Licensing and Regulation: Only licensed medical practitioners and clinics can perform ART procedures. The Kenya Medical Practitioners and Dentists Council oversees licensing, renewals, and revocations to ensure compliance, transparency, and accountability.
- Donor Consent and Age Restrictions: Sperm or egg donors must provide explicit written consent, and donors under 18 require parental or guardian approval.
- Penalties for Non-Compliance: Violations can result in fines up to KSh 5 million, imprisonment up to 5 years, or both.
Why the Bill Matters
Before this law, Kenya had no legal framework for surrogacy, leading to disputes over parentage and unregulated practices.
The Bill addresses these gaps, offering legal clarity and protection for surrogate mothers and commissioning parents while preventing exploitation.
The ART Bill, once enacted, will provide a regulated, ethical, and transparent pathway for surrogacy in Kenya, ensuring the rights and welfare of all parties involved while giving hope to those unable to conceive naturally.
