Understanding Surrogacy Laws in Kenya: A Guide for Intended Parents

It’s no small deal for for people to carry a quiet, persistent hope of becoming parents from a situation where all the odds were stacked against them. Intended parents often focus on the medical process, such as IVF (in‑vitro fertilisation) and finding a surrogate mother, but understanding the legal framework is just as important. In Kenya, recent developments have created the country’s first comprehensive legal structure for surrogacy and related fertility treatments. This guide explains what the new Kenyan law means for families considering surrogacy, and how it protects everyone involved.

A New Law for Surrogacy and Fertility Care

In late 2025, Kenya’s National Assembly passed the Assisted Reproductive Technology (ART) Bill, 2022, which introduces the first clear legal framework for surrogacy, IVF, and other assisted reproductive services in accordance with international surrogacy law. Before this law, surrogacy in Kenya operated without specific regulation, leaving gaps in protection and legal status for children born through these methods.

The ART law aims to balance ethical considerations with reproductive health rights and opening a door for international surrogacy agencies services. It creates a structured system of oversight and safeguards the dignity of intended parents, surrogate mothers, and the children who are born through assisted reproductive technology.

What Surrogacy Looks Like Under Kenyan Law

One of the most significant changes under the new law is the clear distinction between altruistic surrogacy and commercial practices. Commercial surrogacy where the surrogate mother receives payment beyond necessary medical and insurance expenses is prohibited. Instead, only altruistic arrangements are permitted. This means a surrogate mother may not be paid for carrying a pregnancy but can have her medical costs covered.

The legislation limits who can pursue surrogacy in Kenya. Intended parents must be Kenyan citizens between the ages of 25 and 55, while surrogate mothers must be between 25 and 45, have given birth at least once, and undergo both medical and psychological evaluations before participating in a surrogacy arrangement.

Every party must provide written consent before any procedure begins, and the law forbids posthumous use of reproductive material unless there was prior authorization. These measures aim to ensure that communication and decisions are clearly understood and voluntary.

Protection for Children and Families

The new framework in Kenya also focuses on children’s rights. A child born through surrogacy or other assisted reproductive techniques receives the same legal status as a child born naturally, reinforcing their right to family and identity.

To help uphold this protection, the law establishes a national register of donors, embryos, and children conceived through assisted reproductive technology. This secure registry is overseen by the Assisted Reproductive Technology Committee under the Kenya Medical Practitioners and Dentists Council (KMPDC).

Supporting Families and Ethical Practice

The law includes several provisions to support both surrogate mothers and intended parents. Surrogates are entitled to up to three months of leave after birth, while intended mothers and fathers qualify for maternity and paternity leave. Mandatory counselling for both sides helps families understand their rights and responsibilities before entering a surrogacy arrangement.

To ensure ethical care, the law imposes strict penalties for prohibited practices such as human cloning, sex selection, and the sale of gametes (sperm or eggs).

A Thoughtful Step Forward

Kenya’s new surrogacy law represents a major milestone for reproductive rights and fertility care in Africa. For intended parents exploring international surrogacy, this framework brings greater clarity, protection, and support during what can be a deeply personal and emotional journey.

Working with experienced international surrogacy agencies, such as KinPath, can provide the guidance and support needed to make each step of this deeply personal journey smoother and more reassuring By focusing on ethical practice, medical oversight, and legal certainty, Kenya’s approach aims to help families grow with confidence and care.