Millie Odhiambo, the Member of Parliament for Suba North, has introduced amendments to the Assisted Reproductive Technology (ART) Bill 2022, which is currently under review by the relevant committee. The Bill seeks to regulate surrogacy and other assisted reproductive technologies, such as in vitro fertilization (IVF) and the use of fertility medications, primarily aimed at addressing infertility issues.
The proposed amendments aim to tighten the regulations surrounding surrogacy, particularly to prevent the financial exploitation of women who may seek to become “career” surrogates. Under the new guidelines, a woman may serve as a surrogate no more than three times in her lifetime, and there must be a two-year wait period between surrogacy agreements.
Furthermore, the amendments place limits on the number of times men and women can donate gametes. Neither sperm donors nor embryo donors may donate more than 10 times, with the Bill stating that no procedure can result in more than 10 children who are genetic siblings.
The Bill also proposes stringent regulations for medical practitioners. Any ART procedure must be approved by a specialist, and doctors will be prohibited from using anything other than human embryos. Additionally, medical professionals will be banned from engaging in practices such as human cloning or modifying embryos unless it is for medical reasons.
In the case of sperm donation, the Bill clarifies that a man whose sperm is used in ART is not automatically considered the father of the child unless the mother was married to him at the time of his death and he had consented to parentage.
To ensure fairness in surrogacy agreements, the proposed amendments mandate that a Cabinet Secretary will establish regulations governing surrogacy-related payments. These regulations will cover medical care, legal fees, and other costs related to the surrogate’s well-being, including counseling and maternity clothing.
The amendments also emphasize transparency by requiring prior written consent from all parties involved in ART procedures, with provisions addressing scenarios such as disputes, divorce, or the death of a party involved.
