Kenya Passes Landmark Fertility Law Banning Foreigners from Surrogacy
Kenya’s National Assembly has approved a landmark piece of legislation that will overhaul the country’s fertility sector, formally outlawing foreign involvement in surrogacy arrangements and introducing comprehensive regulations for assisted reproduction.
The Assisted Reproductive Technology (ART) Bill — sponsored by Suba North MP Millie Odhiambo — seeks to create a legal framework governing procedures such as in-vitro fertilisation (IVF), sperm and egg donation, and surrogacy.
Originally tabled in 2014 as the In-Vitro Fertilization Bill, the legislation lapsed before being revived in 2022 under its current title. Lawmakers say it fills a crucial gap in Kenya’s reproductive health laws, which previously lacked clear guidance on modern fertility treatments.
“This is a milestone for Kenya,” Odhiambo said, describing the Bill as “a progressive and protective step for families and children born through assisted reproduction.” She added that the framework would ensure dignity, accountability, and ethical oversight in an industry that has long operated without proper regulation.
Foreigners Barred from Surrogacy
One of the most debated aspects of the Bill is its explicit ban on surrogacy for foreigners. Under the new provisions, only Kenyan citizens will be eligible to engage in altruistic — non-commercial — surrogacy arrangements.
Homa Bay Town MP Peter Kaluma, a key figure in the redrafting of the legislation, explained that the measure was necessary to protect children from potential exploitation.
“The Bill will not allow for commercial surrogacy in Kenya that could expose children to dangers such as paedophilia, organ harvesting or human research,” Kaluma told Parliament. “We have shut that possibility. The Bill allows only altruistic surrogacy for Kenyan citizens — not foreigners — meaning there will be no fertility tourism in Kenya.”
Kaluma further clarified that surrogacy would be limited to heterosexual married couples, as well as divorced, widowed, or single women medically certified as infertile by a registered fertility expert.
“We are offering surrogacy to couples where the man is in a marriage, or to single women medically proven to be infertile,” he said. “This is not open to everyone.”
Legal Protection from Conception
The legislation also codifies that human life begins at conception, granting embryos legal recognition and protection. This clause, lawmakers say, ensures the ethical handling of embryos during fertility treatments and reinforces the moral framework underpinning the Bill.
If passed by the Senate, the law will establish a Directorate of Assisted Reproductive Technology to license and regulate fertility clinics, monitor compliance, and prohibit practices such as human cloning.
A Long-Awaited Framework
For years, Kenya’s fertility industry has operated in a grey area, with private clinics offering services in the absence of a clear legal framework. Advocates say the ART Bill will bring long-overdue order and transparency to the sector.
Millie Odhiambo, a long-time campaigner for reproductive rights, hailed the passage of the Bill through the National Assembly as “a victory for dignity, science, and family.”
She said: “Kenya has for too long lacked a legal framework to govern assisted reproduction. This law will finally bring regulation, protect families, and give clarity to all parties involved.”
The Bill now moves to the Senate for further consideration before being presented to President William Ruto for assent.
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Kenya Passes Landmark Fertility Law Banning Foreigners from Surrogacy