What you need to know about surrogacy

What you need to know about surrogacy (Photo: iStock)

As Mother's Day approaches, we often reflect on the different paths to motherhood. For many women, the path to building a family is not always straightforward. 

Some have struggled with infertility, forcing them to explore alternative options to motherhood. Among these, surrogacy has emerged as a profound and hopeful option for those facing the heartbreak of being unable to conceive or carry a pregnancy to term.

Surrogacy is a modern assisted conception method in which intended parents work with a third party who will conceive, carry and deliver their child. After the birth, the surrogate is contractually obliged to hand over the baby to the intended parents.

This process has undeniably offered a cherished opportunity for parenthood to many individuals; however, for those unfamiliar with its complexities, surrogacy can often be shrouded in misconceptions, assumptions and concerns.

Surrogacy is categorised into two main types: traditional and gestational. Traditional surrogacy involves the surrogate mother's own eggs being used in the fertilisation process, establishing a genetic link to the child.

This genetic connection can sometimes present emotional and legal complexities during the handover of the baby.

In contrast, gestational surrogacy involves a surrogate who shares no genetic connection to the child; the embryo is created using the intended parents' or donors' egg and sperm.

While gestational surrogacy typically entails significant costs associated with medical procedures for all parties involved, it is generally regarded as the more legally and emotionally straightforward option due to the clear genetic parentage.

Among contemporary assisted reproductive techniques, surrogacy often boasts a high success rate compared to other fertility treatments. The likelihood of a successful pregnancy is significantly enhanced when the surrogate is in good health and has a history of successful pregnancies.

For couples in Kenya exploring surrogacy, there are fertility clinics within the country that provide these services.

These facilities offer intended parents comprehensive information and support throughout the surrogacy process and have generally reported positive outcomes with assisted reproductive technologies.

Nevertheless, it is crucial to acknowledge the existing challenges within Kenya concerning the legal framework surrounding surrogacy.

Currently, the laws and regulations governing surrogacy procedures are not well-defined. This lack of clarity can pose potential issues for both surrogate mothers and intended parents.

For instance, the rights and entitlements of surrogate mothers may not be fully protected under the current legal landscape. Similarly, intended parents may face uncertainties regarding their legal recognition as the child's parents.

Therefore, it is strongly advised to consult with legal experts specialising in this area before embarking on a surrogacy journey to navigate these potential complexities.

Finally, while earlier research sometimes raised concerns about the psychological well-being of children born through surrogacy, more recent and comprehensive studies have largely indicated that these children thrive emotionally and psychologically within their loving families.

The crucial determinant in a child's well-being is the quality of the parent-child relationship and the presence of support and openness within the family, rather than the biological connection.

Cultivating a strong, communicative, and supportive family environment is paramount for the healthy development of any child, regardless of how they were conceived.