Surrogacy and How to Go About It

Conditions of infertility are not only frustrating but also depressing. Luckily, in the current high-tech world, scientists have come up with various options to help you enjoy the joy of being a mother beside all odds. Surrogacy is among the inventions that have been around in the last few decades that can help you become a parent.

However, the process involves complex medical and legal steps that must be met for it to be considered successful. Read on to have more information about surrogacy and how to go about it in Kenya.

What is Surrogacy?

Surrogacy is a case where a woman agrees to carry a baby for another and gives full guardianship and custody to the intended parents after birth. The process may include assisted reproduction treatment through ways such as in vitro fertilization using a donor’s eggs, surrogate mother eggs, intended father’s sperm, or a donor’s sperm.

Who are the People Involved?

The surrogacy process mainly involves two parties; that is the woman carrying the baby till birth, known as the surrogate mother and the parent(s) who are to take custody after birth. These are known as the intended or commissioning parent(s). Other parties which could be involved in the process are such as the partner of the surrogate mother and other children of both the surrogate mother and the intended parents.

Types of Surrogacy

Ideally, there are two main types of surrogacy; that is

  • Commercial surrogacy– where the birth mother receives payment or material benefits
  • Altruistic surrogacy– where the birth mother does not receive payment.

In Kenya, only the altruistic surrogacy is allowed.

Surrogacy Agreements

Before conception takes place the intended parents and the surrogate mother must make legal agreements. These agreements help ensure that both parties understand what is expected of them during pregnancy and after the baby is born. In this case, you will need to work with an attorney to draft the agreement and come up with laws that will protect you and the unborn child throughout the agreement.

Some of the details Included in the agreement are such as:

  • Custody
  • Parental rights
  • Payment of bills during pregnancy
  • Future contact between the party’s health insurance
  • Liability for medical complications such as miscarriages, abdominal pains among other pregnancy complications

Surrogacy in Kenya

As stated above, the only acceptable type of surrogacy acceptable in Kenya is altruistic surrogacy. Other conditions that one must meet for them to be a surrogate mother in Kenya are as follows:

  • Be between 21-35 years
  • Be in good health
  • Pass several blood tests

While surrogacy is allowed for homosexual couples in other countries, only heterosexual couples are allowed in Kenya. After the child is born, the birth mother remains the legal mother, and the intended parent must follow some legal steps for them to own the child legally.


Please note that development differs from one child to another. 

Content intended for educational purposes only, and not a substitute for medical advice from your doctor.

Be careful when using any products mentioned on this website. We hold no regulations for such products or their providers.

Last reviewed March 2019 

Sources: pregnancybirthbaby, kenyaplex, sensiblesurrogacy, parkerherringlawgroup, artparenting

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