The National Assembly has passed the Assisted Reproductive Technology (ART) Bill, 2022, Kenya’s first comprehensive legal framework governing fertility treatments, surrogacy, and reproductive health services.
The Bill seeks to safeguard ethical practices, protect the rights of parents, surrogates, and children, and outlaw commercial surrogacy and other exploitative arrangements.
During the third reading on Tuesday, National Assembly Speaker Moses Wetang’ula hailed the legislation as the result of a long and protracted process, commending MPs for passing a law that reflects Kenya’s cultural and moral values.
“Thank you, honorable members, for finally bringing to an end this long, protracted process,” Wetang’ula said.
He applauded Suba North MP Millie Odhiambo-Mabona and Homa Bay Town MP Peter Kaluma for their joint efforts in refining the Bill.
“Honourable Millie, you should also thank your colleague, Kaluma, for his tremendous industry in giving your Bill a moral color that aligns with our country’s values and prevents foreign exploitation,” he added.
The Speaker also praised Odhiambo for her courage in tackling a subject often surrounded by stigma and silence.
The ART Bill outlines regulations for fertility treatments, including in-vitro fertilization (IVF), intrauterine insemination, gamete and embryo donation, and surrogacy.
It guarantees access to assisted reproductive services for all adults, regardless of gender or marital status, while upholding ethical and medical standards.
The legislation establishes an Assisted Reproductive Technology Committee under the Kenya Medical Practitioners and Dentists Council (KMPDC).
The committee will license fertility clinics, register specialists, monitor compliance, and maintain a confidential national database of donors, embryos, and children conceived through assisted methods.
To protect the welfare of families and surrogates, the law permits only altruistic surrogacy—allowing reimbursement solely for medical expenses. Children born through assisted methods will enjoy equal legal rights as those born naturally.
The Bill imposes stiff penalties for unethical practices such as human cloning, selling embryos or gametes, and sex selection, with fines up to Sh10 million or imprisonment of up to 10 years.
Surrogacy arrangements are restricted to Kenyan citizens aged 25–55, while surrogate mothers must be aged 25–45, have at least one child, and pass medical and psychological evaluations.
All procedures require written consent, and posthumous use of reproductive material is banned without prior approval.
Gamete donations are limited to ten per donor. Both surrogates and intended parents must undergo counseling, and surrogates are entitled to three months’ leave after birth. Intended parents also qualify for maternity and paternity leave.
The law recognizes intended parents as the legal guardians immediately after delivery, ensuring protection from exploitation or abandonment.
With infertility affecting roughly one in six couples globally, Kenya joins a select group of African countries with a formal legal framework on assisted reproduction.
The Bill is expected to expand access to fertility care, standardize medical practices, and enhance accountability.
“I know I have relatives and friends who will benefit from this. This legislation will make a real difference in their lives,” Speaker Wetang’ula said.
The ART Bill now heads to the Senate for concurrence before being forwarded to the President for assent.
