NAIROBI, Kenya Nov 12 – National Assembly has passed the Assisted Reproductive Technology (ART) Bill, 2022, marking a historic step in regulating fertility treatment, surrogacy, and reproductive health in Kenya.
The Bill establishes a legal framework for assisted reproductive services, safeguards the rights of parents, surrogates, and children, and outlaws exploitative commercial surrogacy.
During Tuesday’s 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, Honorable 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 color 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 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 Bill provides a regulatory framework for fertility treatments such as in-vitro fertilization (IVF), intrauterine insemination, gamete and embryo donation, and surrogacy. It ensures that all Kenyans regardless of gender or marital status can access reproductive technology safely and ethically.
It also establishes an Assisted Reproductive Technology Committee under the Kenya Medical Practitioners and Dentists Council (KMPDC) to license clinics and experts, regulate practice, and maintain a confidential national register of donors, embryos, and children conceived through assisted methods.
The law promotes access to affordable and quality fertility care in line with Article 43(1)(a) of the Constitution, which guarantees the right to the highest attainable standard of health.
It permits only altruistic surrogacy where a surrogate mother receives no payment beyond medical expenses and protects the rights of children conceived through assisted methods, granting them equal legal status to naturally conceived children.
It further imposes stiff penalties for unethical practices such as human cloning, the sale of gametes or embryos, and sex selection, with fines of up to KSh 10 million or imprisonment of up to 10 years.
Speaker Wetang’ula said the law balances scientific advancement with Kenya’s cultural and moral values, ensuring protection from foreign exploitation while upholding family dignity.
Under the new framework, only Kenyan citizens aged 25–55 years may seek surrogacy, while surrogate mothers must be 25–45 years old, have borne at least one child, and pass medical and psychological assessments.
All procedures require written consent, and posthumous use of reproductive material is prohibited without prior authorization.
The law caps gamete donations at ten instances per person and mandates counseling for intended parents and surrogates.
Surrogates are entitled to three months’ leave after birth, while intended mothers and fathers receive maternity and paternity leave, respectively.
The legislation also forbids abandonment or exploitation of surrogate mothers or children, recognizing intended parents as the child’s legal guardians immediately after birth.
With infertility affecting one in six couples globally, the law places Kenya among a handful of African nations with a clear framework for assisted reproduction.
It is expected to expand access to fertility care, standardize clinical practices, and promote accountability within the sector.
“I know I have relatives and friends who live in your situation and will benefit from this. This legislation will make a real difference in their lives,” Wetang’ula said.
The Assisted Reproductive Technology Act, 2022 will now be transmitted to the Senate for concurrence before being presented to the President for assent.
