Fatshimétrie, an online magazine specializing in the societal and ethical issues of the 21st century, takes a close look at current events surrounding surrogacy. In the heart of Africa, in Kenya more precisely, a heated debate is shaking up Parliament regarding the regulation of this controversial practice. The bill on assisted reproductive technologies is currently at a standstill, highlighting deep tensions and divergences among Kenyan parliamentarians.
For several years, Kenya has been trying to find a legal framework to regulate surrogacy, without real success. Despite previous attempts in 2019, the bill remains blocked, highlighting the difficulties in legislating on such a delicate issue. Led by MP Millie Odhiambo, this text aims to limit the number of surrogacies to three per woman, with a two-year spacing between each pregnancy, in order to protect surrogate mothers from potential exploitation.
Currently, the practice of surrogacy in Kenya is mainly based on private law contracts between the parties involved. This lack of official regulation leaves surrogates vulnerable, often recruited by companies choosing precarious and marginalized profiles to avoid any external control. This reality was highlighted in an investigation published by journalist Naipanoi Lepapa in 2021, revealing the dark underbelly of the surrogacy business in the country.
Despite the major ethical and social issues, the bill to regulate surrogacy is struggling to advance in the Kenyan Parliament. Disagreements between the different political parties complicate discussions, with some MPs being hostile to the text, particularly because of its implications on women’s access to family planning. The financial issue is also a concern, with the cost of surrogacy in Kenya being significantly lower than that practiced in other regions of the world, such as the United States or Eastern Europe.
In a context where scientific and technological advances are challenging established norms of human reproduction, Kenya finds itself at a crucial crossroads in defining the contours of surrogacy in its country. The issue goes far beyond the mere regulation of a medical practice, it raises profound questions about social justice, gender equality and respect for fundamental rights. It is essential that Kenyan MPs find common ground to craft balanced legislation that respects the rights of all parties involved in surrogacy.