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Surrogacy in Kenya operates in a legal gray area with no specific regulations in place. Despite this, it is widely practiced as a fertility treatment, largely due to Kenya’s constitutional guarantee of the right to form a family. However, it faces skepticism from religious leaders and poses significant risks due to the lack of regulation and quality healthcare facilities.
While Kenya offers low-cost surrogacy options, the medical facilities are generally deemed subpar, and the country’s infant mortality rate raises concerns. The U.S. State Department has issued travel advisories citing violent crime against Westerners in Nairobi, adding to the caution surrounding surrogacy in Kenya.
Moreover, Kenya’s strong anti-homosexuality culture presents challenges for same-sex couples considering surrogacy. With homosexuality widely rejected and same-sex acts criminalized, discretion is paramount. Surrogacy agreements should avoid mentioning the sexual orientation of the intended parents, and couples must be vigilant about potential discrimination from healthcare providers.
Legally, there is no framework for surrogacy in Kenya, leaving it vulnerable to arbitrary regulation. While pending legislation aims to regulate surrogacy, it currently remains unratified. If enacted, the law would allow altruistic surrogacy agreements, akin to those in the UK and Australia, with a process for establishing parental rights through a court order. However, the surrogate would initially retain legal parenthood, necessitating further legal steps for the intended parents.
Contact us today to learn more about how we can help you achieve your dreams of starting or expanding your family through surrogacy.
Surrogacy Blessings offers hope to aspiring parents, utilizing a surrogate mother’s womb for conception, fostering dreams of family.
