Senate to seek public opinion on proposed surrogacy legislation

 Minority Whip Millie Odhiambo sponsored the Assisted Reproductive Technology Bill. [File, Standard]

The Senate is expected to conduct public participation on the Assisted Reproductive Technology Bill (National Assembly Bills No. 61 of 2022) which has been passed by the National Assembly.

The Bill, which was sponsored by National Assembly Minority Whip Millie Odhiambo and co-sponsored by the Nominated Senator Catherine Mumma, seeks to provide a legal framework for the provision of assisted reproductive technology services.

Odhiambo said her Bill seeks to regulate surrogacy arrangements, protect the rights of parents, surrogate mothers, donors and children born through assisted reproductive technology, and establish an institutional framework for the licensing and oversight of assisted reproductive technology facilities.

“Assisted reproductive technology refers to all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte (egg) outside the human body and transferring the gamete or embryo into the reproductive system of a woman,” she said.

Odhiambo said infertility is a significant public health concern affecting many Kenyan couples and individuals and that according to the Kenya Association of Urological Surgeons, about 10 to 15 per cent of couples in Kenya are unable to conceive.

She said that in Kenya, there has been a growing demand for assisted reproductive technology services as a solution to infertility problems yet there is no legal framework specifically addressing the provision, regulation and ethical considerations of these services.

“Lack of regulation of Assisted Reproductive Technology services has led to unclear legal status of children born through surrogacy, exploitation of surrogate mothers through commercial surrogacy arrangements and lack of protection for gamete donors and recipients,” said Odhiambo.

The National Assembly Minority Whip noted that lack of regulation of Assisted Reproductive Technology Services has led to absence of guidelines on the storage and disposal of gametes and embryos, and inadequate safeguards against unethical practices such as sex selection and human cloning.

Odhiambo said currently, there is no legislation in Kenya that comprehensively addresses the delivery of assisted reproductive services with the legal landscape being governed by fragmented provisions in various laws including the Constitution of Kenya, 2010, particularly Article 43(1) (a) on the right to health, the Health Act Cap. 241, and the Children Act, Cap. 141.

Insurance coverage

Clause 5 of the Bill mandates the Kenya Medical Practitioners and Dentists Council to establish an Assisted Reproductive Technology Committee to oversee the implementation of the Act with its functions set out under Clause 6 include developing standards, regulations and guidelines on assisted reproductive technology.

“Kenya Medical Practitioners and Dentists Council is required to prescribe the minimum requirements for the establishment of physical infrastructure of Assisted Reproductive Technology clinics and minimum educational requirements for Assisted Reproductive Technology experts and embryologists,” said Odhiambo.

Kenya Medical Practitioners and Dentists Council is required to  inspect and accredit facilities for training of experts and embryologists and granting, varying, suspending and revoking licenses and keeping under review information about embryos and their subsequent development.

The government is required to provide regulations to ensure assisted reproduction health services are covered by every health insurance provider including the Social Health Authority and collaborate with county governments in expanding and strengthening the access and delivery of assisted reproductive health services.