Kenya has been the most popular destination for surrogacy in Africa. The country is known for its lush green landscapes and warm climate.
The country’s laws on surrogacy are not clear, making it
difficult to regulate this industry. The lack of clarity also leads to a high
number of cases of abuse in the industry. For this reason, the government of
Kenya has started to consider the surrogacy industry for law regulations.
That being said, Kenya has been offering affordable
surrogacy treatment for couples or singles who can’t have their own children
due to some medical condition. Many Nairobi (capital of Kenya) based surrogacy
centres, and agencies offer cross-border surrogacy for international patients.
How safe is Kenya for surrogacy?
Kenya is a fairly safe country to get surrogacy treatment,
depending on the surrogacy centre. We advise intended parents considering
surrogacy to research as much as possible about the surrogacy law in
Kenya and the industry. It is advisable to only engage with an ethical
surrogacy centre and agency. Individuals are recommended to opt for surrogacy
in Kenya with a clear perspective on Kenyan surrogacy programs as well as the
legal and cultural aspects of surrogacy.
How to Get Approved for Family Surrogacy in Kenya
Getting approved for a family surrogacy in Kenya starts
with filling out an application form and submitting it to the Ministry of
Health. The Ministry of Health will review your application and provide you
with a letter to prove you are eligible for the program. You should also
complete a medical examination before applying.
Here are some of the steps that you should follow so that
you can get approved for family surrogacy in Kenya:
- Fill
out an application form
- Make
sure your documents are up to date
- Submit
your application to the Ministry of Health
- Appoint
an attorney
- Prepare
for interviews with Kenyan officials
Benefits of Surrogacy in Kenya
Surrogacy in Kenya has become a popular solution
for those who are unable to conceive or carry a child, especially when the
woman cannot carry a baby due to medical reasons.
There are many benefits that come with surrogacy in
Kenya, including improved health and happiness of the surrogate mother and
the child, financial stability for both parties, social acceptance and legal
protection for the surrogate mother.
Surrogacy can be done for various reasons, including
infertility and same-sex couples. Some benefits of surrogacy in Kenya include
the following:
- It
helps women who are unable to have children of their own
- It
helps heterosexual couples who want to start a family without having to go
through the difficulties of conceiving on their own
- It
also helps gay couples who cannot conceive due to medical reasons.
- Kenya
offers affordable surrogacy.
- The
high success rate of surrogacy
- Cross-border
surrogacy is easily accessible in Kenya.
The Kenyan Government’s Regulations on Surrogate
In Kenya, the use of surrogate mothers is on the rise. The
Kenyan Government has been taking steps to regulate this industry and ensure
that all the parties maintain a safe and healthy environment for the children.
Before beginning the surrogacy procedure, the government
made it mandatory for all surrogate mothers in Kenya to be tested for HIV,
Hepatitis B, and C. They have also made it mandatory for these women to be
registered with an agency before they are allowed to become pregnant through
surrogacy. Kenyan surrogacy law also mandates the surrogate mother to be
married with children or a single mother.
These regulations have been met with mixed reactions from
different stakeholders. The government claims that these regulations are meant
to protect the rights of children born through surrogacy and ensure that they
are not used as a source of income for anyone.
What are the Laws Regarding Surrogate Rights in Kenya?
Surrogate rights in Kenya are a new concept that is still
being developed. This is because the law on surrogacy is not well-defined, and
there are no clearly established guidelines.
Surrogate rights are the legal rights of a person who is not
a child’s biological parent or legal guardian. The surrogate mother is the one
who has given birth to the child and is allowed to give her parental rights to
someone else. The surrogate father is allowed to give his parental rights to
someone else.
In Kenya, surrogacy laws have been in place since 2008. It
was made clear in law that any woman could be a surrogate mother if she agreed
with it and that she would receive money for every pregnancy she bears for
another person. The law also states that the surrogate mother must be married
or have a stable relationship with the intended father at least three years
before giving birth to the child in question.
The legality of Surrogacy in Kenya for same-sex, Gay
couples
The law on surrogacy in Kenya has been
changed since 2016 when the parliament legalized it. The new law allows
same-sex couples to use surrogates as long as they meet certain requirements,
such as being between the ages of 18 and 45, not being married or cohabiting
with someone else, and not having any children from a previous marriage or
relationship.
Kenya is one of the few countries in Africa that does not
have any law prohibiting surrogacy for same-sex couples. The
surrogate mother must also undergo a medical examination and give her consent
before the procedure begins.
Cost of surrogacy in Kenya
There are no strict surrogacy laws in Kenya, and
being a developing country, it offers reasonably cheap surrogacy treatment.
Kenya is one of the few countries which is legally open for commercial
surrogacy. It is particularly famous for surrogacy for same-sex and single
individuals. The country’s financial condition and lack of jobs press young
women to actively participate in being a surrogate. Furthermore, the cost of
living in Kenya is pretty low compared to developed countries like the USA
& UK. Therefore, the compensation for surrogate expenses is also
comparatively inexpensive.
The total expense of surrogacy in Kenya depends on various
factors, but ultimately it ranges from $33,000 to $40,000 depending
on the fertility services required. Kenya’s surrogacy and fertility centres
provide intended parents (IPs) with different surrogacy packages.
Primarily, there are two types of surrogacy and respective surrogacy packages;
Traditional surrogacy and Gestational surrogacy.
In traditional surrogacy, the eggs for fertilization are
provided by the surrogate mother only, and there’s no need for egg retrieval.
Whereas, in the case of gestational surrogacy, IP provides their own eggs for
IVF and the developed embryos are transferred to the surrogate’s womb for
implantation. Consequently, traditional surrogacy is cheaper than gestational
surrogacy. Intended parents can also bring their own egg, sperm or embryo
donors, or they can opt for frozen eggs or sperm from Indian donors, African
donors, Asian donors (primarily Thai) and Caucasian donors.
Depending on the packages, the surrogacy cost in Kenya
covers the following:
- Ovulation
induction medications and injections
- Egg
retrieval and sperm collection
- Logistics
and arrangement of donor eggs, sperm or embryos, if required
- IVF
process
- Screening
and testing of the surrogate mother before pregnancy
- Embryo
transfer to the surrogate’s uterus
- Expenses
of the surrogate and all medical charges of pregnancy
- Delivery
of the child(ren)
- All
the legal work before and after handling the baby to the parents
The surrogacy centre helps in planning medical tourism
for surrogacy for intended parents.
Factors affecting the cost of surrogacy :
Many factors decide the cost of surrogacy in Kenya,
and the entire budget depends on these factors.
Type of surrogacy:
As mentioned before, traditional surrogacy is cheaper than
gestational because the charges of egg retrieval are cut down. In gestational
surrogacy, the surrogate mother has no biological relation to the child, so the
intended parents feel more secure about the surrogacy.
Donor support:
Pregnancy in surrogacy is achieved through IUI or
IVF treatment, primarily IVF treatment. The IP will provide their eggs and
sperm mixed in the IVF lab to create embryos. The embryos are then placed
inside the surrogate’s womb to sustain a pregnancy. If the intended parents
provide their own eggs, surrogacy will be cheaper than surrogacy with donor
eggs, sperm, or embryos.
Furthermore, suppose the intended parents opt for a donor
from Kenya itself. In that case, it will cost them less than if the donor is
from a different country and the eggs/sperm/embryos are to be shipped to Kenya
or the donor has to travel to Kenya to provide the needful.
Medical charges of surrogacy centre:
Kenya has an abundance of surrogacy centres that offer
surrogacy for foreigners, but their medical charges and surrogacy costs differ
depending on the facilities provided and success rates. Surrogacy clinics have
various surrogacy packages, and sometimes many expenses are not included in the
package cost. Therefore, picking the right surrogacy centre is crucial to
provide you with a clear picture of total expenses without any hidden charges.
Surrogate’s compensation and accommodation expenses:
You’ll also have to pay the surrogate for her generosity in
carrying your baby. The cost of surrogate reimbursement varies from person to
person. Generally, surrogacy agencies allocate fixed costs for surrogate
compensation. Furthermore, the cost of surrogate accommodation may influence
the estimated cost of surrogacy.
In Kenya, most surrogates choose to carry pregnancy from the
comfort of their home, which saves the cost of accommodation. Other times, they
live in surrogate homes provided by surrogacy agencies.
Success Rate of surrogacy in Kenya
The success rates of surrogacy in Kenya are
significantly comparable to those in well-developed countries. For traditional
surrogacy, the success rate of taking home a baby is about 55-65%; for
gestational surrogacy, it is about 70-80%.
Surrogacy In Kenya-
What’s The Legal Stand?
The concept of surrogacy raises mind-boggling questions such
as whether there are any legal procedures involved.
Basically, surrogacy is understood as the process of giving
birth as a surrogate mother or of orchestrating such a birth and it usually
takes place under a surrogacy agreement which does not lay any claim to the
born child. Burrowing into the past, it was easy for a woman who was struggling
to give birth due to issues such as infertility to ask for assistance from
another woman because cultural norms and practices allowed it and there were no
impediments.
Currently, there is no law on surrogacy in Kenya. However,
there have been previous attempts to pass laws on the same for instance the
In-Vitro Fertilization Act of 2014 (renamed the Assisted Reproductive
Technology Bill). Just but to mention from the bill, a woman who is at least 25
years may have an embryo of another couple artificially inseminated in her for
purposes of surrogate motherhood. The surrogate mother carries the child on
behalf of the couple and then surrenders all parental rights over the child as
long as a contrary intention is not proved.
Be it that as it may, Kenyan Courts have heard matters to do
with surrogacy, the most common one being the case of JLN & 2 OTHERS VS.
DIRECTOR OF CHILDREN SERVICES & 4 OTHERS [2014]. Notwithstanding the fact
that an elaborate law on surrogacy is yet to be implemented, the same exists
and is practiced by virtue of common law.
With a mutual understanding or a written surrogacy
agreement, you could still face court battles for example where after the child
is born, the surrogate mother reviews her position and refuses to hand over the
child. You could also be risking being charged with child trafficking among
other offences.
To avoid risks of being charged with various offences, it is
advisable for prospective parents to apply for adoption of the child delivered
by a surrogate mother. However, the increasing demand should be taken seriously
and engender Kenya to consider making a law that regulates surrogate
arrangements. This would ensure that the interests of all involved and affected
parties including children under the paramountcy principle are well protected.
FAQs
Can I ship embryos to Kenya for surrogacy?
Yes, we propose cross-border surrogacy to our customers. We
can create embryos in IP’s home country or country of preference and ship them
to the country where the surrogate mother resides. This way, you can cut short
the cost of surrogacy by saving travel expenses back and forth between the
countries.
Is an Indian / African egg donor available in Kenya?
Yes, the Kenyan surrogacy program offers egg donors from
India, Africa, and a few other countries across the globe. After the legal
restriction on commercial surrogacy in India and other southeast and southern
Asian countries, Kenyan surrogacy programs are the most feasible and affordable
option for many couples or individuals longing for a child. Numerous approved
fertility and surrogacy centres managed by Indian IVF professionals are
operated in Nairobi (the capital of Kenya) and across different parts of Kenya.
The surrogacy centres in Kenya are very accessible, and intended parents can
opt for egg donors from several countries, including India.
Can a single mother undertake surrogacy?
Yes, single mothers of age can undertake surrogacy under
certain guidelines. Countries such as Kenya and Argentina openly welcome single
intended mothers to pursue surrogacy. The Kenyan constitution even supports the
right to form and be a part of a family and permits a single individual to be a
parent. The legal and medical process of surrogacy for single mothers is
parallel to that of surrogacy for couples, with minute exceptions.
Can Chinese parents do Surrogacy in Kenya?
Yes, Chinese nationals are allowed and welcomed to
seek surrogacy in Kenya. In fact, Kenyan surrogacy law permits
surrogacy for people from several nationalities, including India, China,
Africa, the USA, the UK, European countries, etc. In order to access surrogacy
in Kenya, foreign nationals have to fulfil certain criteria, and some
nationalities take longer to pass the test to access surrogacy here. Surrogacy
centres in Kenya offer cross-border surrogacy plans, allowing intended parents
the right to choose eggs from any nationality they desire.
Is Kenya a safe place for gay surrogacy?
Kenya is a predominantly anti-homosexual country, but as
there are no strict laws governing surrogacy, same-sex couples are allowed to
undertake surrogacy here as long as certain regulations are met. The couples
considering surrogacy in Kenya also have to consider Kenya’s
cultural aspects and bear high-risk tolerance. Gay, lesbian or same-sex
surrogacy is proposed as single-parent surrogacy in Kenya. The
surrogacy agreement is arranged between only one intended parent and the
surrogate mother.
However, the surrogacy agency and fertility centres
in Kenya support LGBT people to complete their families and create a
friendly environment for their surrogacy journey. Hence, same-sex couples need
to associate with the right surrogacy centre and legal advisor to facilitate
their surrogacy journey in Kenya.
Where can I undertake cheap gay surrogacy?
Kenya is one of the cheapest destinations for surrogacy for
gay couples or individuals. Only a few countries don’t have legal restrictions
on surrogacy, including Kenya. Kenya is wildly famous as a surrogacy
destination because the country offers cheaper surrogacy and has no strict law
governing surrogacy so far.
The cost of surrogacy in Kenya varies from $33,000
to $40,000, which is only a fraction of the cost in developed countries
like the USA. Gay couples are welcomed for surrogacy in Kenya but have to
practise strict discretion during the procedure. Many surrogacy centres and
agencies work together to make the surrogacy journey for gay couples
trouble-free. Argentina also offers surrogacy for gay or homosexual people, but
surrogacy in Argentina is comparably costly.
Places where a single man can undertake surrogacy?
Many western countries offer surrogacy for single men.
However, western countries are quite expensive to pursue surrogacy. Developing
countries, such as Kenya and some other African countries, offer cheap
surrogacy for single intended parents. Kenya is famous for cheap affordable
surrogacy for single individuals. The surrogacy law in Kenya is tolerable towards
couples or individuals seeking to build a family.
How long does the exit process take in Kenya after
surrogacy?
The surrogacy centres in Kenya ensure a sophisticated surrogacy program for their clients. The exit process and handing the baby over to the parents only take 3-4 days after the baby’s birthday.
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