SURROGACY IN KENYA | PROCESS | COST | LEGAL STAND

SURROGACY IN KENYA | PROCESS | COST | LEGAL STAND

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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Geoffrey Nevine — IT Services and IT Consulting

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