Kenyans involved in improper practices related to assisted reproductive technology (ART) could face up to ten years in prison or fines of Sh10 million if Parliament’s new fertility law is signed.
The legislation, designed to regulate fertility treatments and protect the rights of children, surrogates, and parents, is now awaiting President William Ruto’s approval. Lawmakers believe it will prevent exploitation while ensuring safe and ethical access to ART services.
This week, the National Assembly passed the long-awaited Assisted Reproductive Technology Bill, 2022, sponsored by Suba MP Millie Odhiambo. The bill sets out strict rules prohibiting activities such as sex selection, selling embryos or gametes, and human cloning, with violators facing severe penalties. It also aligns with Article 43 (1)(a) of the Constitution, guaranteeing every Kenyan the right to the highest attainable standard of health.
Under the proposed law, anyone seeking ART procedures must give written consent, while the unauthorized or posthumous use of reproductive material will be banned.
Donors of gametes will be limited to ten contributions each, and intended parents as well as surrogate mothers must undergo counselling before any procedure.
Surrogacy will remain purely altruistic, with surrogate mothers reimbursed only for medical costs. Eligibility for intended parents is set at 25–55 years, while surrogates must be 25–45, medically fit, psychologically assessed, and have previously given birth.
After the birth of an ART-assisted child, intended parents will receive maternity and paternity leave, while surrogate mothers are entitled to three months’ leave. The legislation immediately recognizes intended parents as legal guardians, safeguarding children and preventing the abandonment or exploitation of surrogates.
The law also establishes an Assisted Reproductive Technology Committee under the Kenya Medical Practitioners and Dentists Council to license clinics and practitioners, oversee standards, and maintain a confidential register of donors, embryos, and children.
Experts say Kenya will join a small number of African countries with clear legal mechanisms for assisted reproduction, providing hope to thousands of couples facing infertility challenges.
“This is a culturally sensitive and morally grounded law,” said National Assembly Speaker Moses Wetang’ula during Tuesday’s session. He praised MPs for concluding a “long and protracted process” that balances Kenya’s cultural values with scientific progress. He also commended Suba MP Millie Odhiambo for her courage in sharing her personal struggles, quoting Jamaican-American poet Roy “Gramps” Morgan: “Heaven has a place for people like you.”
The bill now moves to the Senate for concurrence before it is presented to the President. The Constitution requires that the Head of State either signs the law or returns it to Parliament within 14 days.
Once enacted, the law will standardize fertility treatments, promote ethical practice, and provide safe ART services for all Kenyans, regardless of gender or marital status.
