EXPLAINER: How Kenya’s New Reproductive Bill Will Affect Surrogacy
The National Assembly approved the Assisted Reproductive Technology (ART) Bill 2022, which establishes a legislative framework for fertility treatments, surrogacy, and reproductive health in Kenya.
Millie Odhiambo, MP for Suba North, and Peter Kaluma, MP for Homa Bay Town, sponsored and refined this legislation.
According to Parliament, this represents a huge step forward in protecting the rights of parents, surrogates, and children, as well as prohibiting exploitative commercial surrogacy and gamete donation.
Kenya’s new law will only authorize unpaid surrogacy to protect the rights of children produced through assisted reproduction.
Individuals who engage in commercial surrogacy could face a fine of up to Ksh10 million.
Those who break the requirements, such as engaging in paid surrogacy, will be penalized for unethical behavior.
These methods include human cloning, the sale of gametes (sperms and eggs) or embryos, and sex selection.
The Bill states that offenders may face fines of up to Ksh10 million or imprisonment for up to ten years.
Furthermore, only Kenyans aged 25 to 55 will be eligible for surrogacy, with surrogate moms aged 25 to 45 and having at least one child.
Hon. @gpdkaluma seeks recommittal to amend Clause 2 of the Assisted Reproductive Technology Bill in order to refine the definitions of the words “father” and “mother.”
— Mzalendo (@MzalendoWatch) November 11, 2025
In the definition that was passed in Committee, father was defined to mean a male intended parent. I am… https://t.co/nWXYGkvJd6 pic.twitter.com/PAl6AnNUH3
They will also need to pass physical and psychological tests before being allowed to be surrogates.
Furthermore, to avoid commercial surrogacy, the law will need written consent from everyone undergoing the treatment.
It also bans the use of reproductive material after a person’s death unless prior authorisation is given.
At the same time, the legislation restricts gamete donation (reproductive cell donations – sperm and ova) to ten per person and requires counseling for both intended parents and surrogate moms to ensure they understand the process and their rights.
The National Assembly has passed the Assisted Reproductive Technology Bill (National Assembly Bill No. 61 of 2022). #BungeLiveNA. https://t.co/Vufvq218C9 pic.twitter.com/SYYIF10uUP
— Mzalendo (@MzalendoWatch) November 11, 2025
Meanwhile, surrogates will be allowed to three months of leave following birth, and intended parents will be granted maternity and paternal leave.
Abandoning or exploiting surrogate moms or children will also be considered an offense.
ALSO READ:
- CORRUPTION PLAYFIELD: EACC Calls For Disbandment Of Kenya’s Traffic Police Unit
- Diaspora Affairs PS Responds To Kenyan Mothers Living In Saudi Streets
- ODM Makes Top Leadership Changes, Ratifies Oburu Odinga
- “File Your Wealth Statements By December 31!” – PSC Tells Public Officers
- SGR Announces New Changes For Mombasa Route Till February
The Bill also establishes a legal framework for fertility treatments such as IVF, intrauterine insemination, gamete and embryo donation, and surrogacy, ensuring equitable access for all Kenyans regardless of gender or marital status.
With infertility affecting one in six couples globally, the Act positions Kenya among a select group of African nations with clear assisted reproduction regulations.
The Bill is now set to go to the Senate for concurrence before presentation to the President for assent.
EXPLAINER: How Kenya’s New Reproductive Bill Will Affect Surrogacy
