Surrogacy in Kenya: A Comprehensive Guide
Kenya has emerged as an appealing destination for surrogacy in recent years, particularly for international intended parents seeking affordable options. However, while surrogacy in Kenya offers various advantages, it is essential to fully understand the legal framework, the process, and the associated costs.
In this guide, we will explore everything you need to know about surrogacy in Kenya, from the legal status to the financial aspects, and considerations for intended parents.
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Why Kenya for Surrogacy?
Why Kenya for Surrogacy?Kenya has become a popular choice for surrogacy due to the following reasons:
- Cost-Effective: Surrogacy in Kenya is much more affordable compared to countries like the USA, Canada, or even some European nations.
- Growing Medical Expertise: Kenyan fertility clinics are rapidly advancing in terms of technology and expertise, offering high-quality medical care.
- No Restrictions for Foreigners: Unlike many countries that limit surrogacy to their citizens, Kenya does not currently impose restrictions on international intended parents.
- Flexible Legal Environment: Though Kenya does not have specific surrogacy laws, the legal environment allows for surrogacy arrangements with proper contracts in place.
Is Surrogacy Legal in Kenya?
Surrogacy in Kenya exists in a legal grey area. The country does not have specific legislation that regulates surrogacy, making the practice legal by default, but not protected by a comprehensive legal framework. Contracts between the intended parents and the surrogate are typically enforced by civil law, and intended parents can take legal measures to establish parental rights.
That said, there are a few key considerations:
- Surrogacy Contracts: While surrogacy contracts are crucial in Kenya, they are not always legally binding. It is important to have an experienced legal team prepare and review the contract to safeguard the rights of all parties involved.
- Parental Rights: Establishing parental rights can be a complicated process in Kenya. Intended parents must undergo a court process to obtain legal custody of the child after birth. The surrogate is recognized as the legal mother until a parental order is issued.
- Citizenship: If you are an international intended parent, you will also need to navigate the process of obtaining your baby’s citizenship and passport to take them home.
The Surrogacy Process in Kenya
The surrogacy journey in Kenya follows a similar process to many other countries, though with its unique considerations due to the lack of specific laws. Here’s an overview of the steps:
1. Choosing a Surrogacy Agency or Clinic
The first step for intended parents is to choose a reliable surrogacy agency or fertility clinic in Kenya. The clinic will guide you through the entire process, from finding a surrogate to completing the legal aspects.
2. Screening and Matching with a Surrogate
Once you have selected an agency or clinic, you will undergo a matching process with a surrogate. The surrogates in Kenya undergo medical and psychological screening to ensure they are fit for the surrogacy journey.
3. Legal Contracts
Although surrogacy contracts in Kenya are not legally binding, having one is crucial to outline the expectations, responsibilities, and compensation for the surrogate. The contract should include terms covering medical care, compensation, parental rights, and more.
4. IVF and Embryo Transfer
The intended parents or donors provide the genetic material (eggs and sperm) that will be used to create embryos through in vitro fertilization (IVF). The embryo is then transferred to the surrogate, who will carry the pregnancy to term.
5. Pregnancy and Birth
Once the pregnancy is confirmed, the surrogate will receive medical care throughout the pregnancy. After birth, the intended parents will need to take legal action to establish parental rights and obtain legal custody of the child.
Is surrogacy is legal in Kenya?
The Reproductive Healthcare Bill of 2014 offers surrogacy treatment in Kenya to altruistic agreements only.
That means the couple can pay reasonable expenses to the surrogate mother but cannot compensate for carrying the baby.
The line of order is the same as surrogacy in the UK or surrogacy in Australia. Like surrogacy in the UK, a parental order needs to be applied so that couples can get the legal right to the baby. As per the law, a surrogate mother or birth mother is the legal mother, and parents need to take the legal process like – Parental order to gain full custody of the baby.
Surrogacy Costs in Kenya
One of the most attractive aspects of surrogacy in Kenya is its affordability. Here’s a breakdown of typical costs:
| Service | Cost Range (USD) | Description |
|---|---|---|
| Surrogacy Agency Fees | $5,000 – $15,000 | Includes matching with a surrogate, coordination, and general case management. |
| Surrogate Compensation | $10,000 – $15,000 | Compensation paid to the surrogate for carrying the baby. |
| IVF Procedure | $5,000 – $10,000 | Covers egg retrieval, fertilization, and embryo transfer. |
| Legal Fees | $2,000 – $5,000 | Legal contracts and court procedures to establish parental rights. |
| Medical and Pregnancy Costs | $5,000 – $8,000 | Medical care for the surrogate during pregnancy and delivery. |
| Miscellaneous Costs | $2,000 – $4,000 | Includes travel, insurance, and additional medical expenses. |
| Total Estimated Cost | $30,000 – $50,000 | The total cost for surrogacy in Kenya is significantly lower than in other countries. |
Challenges and Considerations for Surrogacy in Kenya
While surrogacy in Kenya is an appealing option, intended parents should be aware of the potential challenges:
- Lack of Legal Protections: With no explicit surrogacy laws, legal disputes can arise, particularly concerning parental rights. Working with a knowledgeable legal team is essential.
- Citizenship Issues: International intended parents will need to navigate the process of acquiring citizenship and a passport for the baby. This can be time-consuming and vary depending on the laws of your home country.
- Healthcare Quality: While Kenya’s fertility clinics are improving, the overall healthcare system may not be as advanced as in other countries, so careful consideration of the surrogate’s medical care is important.
- Travel Requirements: Intended parents may need to travel to Kenya several times during the process for embryo transfer, delivery, and legal proceedings.
Surrogacy Laws in Kenya
It is a new surrogacy destination that has come into existence due to a ban in most Asian countries. Fertility treatment in the form of IVF is widely practiced and accepted in Kenya. However, surrogacy remains a new domain.
It goes without saying that for foreigners Surrogacy in Kenya is a relatively new and still unexplored option.
Kenya has no surrogacy law regarding gestational surrogacy. There is a pending regulation In- Vitro Fertilization act of 2014. This bill makes it possible for heterosexual couples to hire a surrogate mother in the Kenyan IVF Clinic.
The Kenyan capital Nairobi has many good Surrogacy clinics In Kenya, Nairobi that are offering surrogacy services successfully to African couples. Most of these clinics are run by successful IVF practitioners from India.
According to the Kenya Reproductive Healthcare Bill 2014:
- The surrogate mother should be at least 25 years old.
- She should artificially inseminate with the embryos of another couple.
- The Intended Parents should be a heterosexual couple or single in a stable relationship.
- A child born via surrogacy will have citizenship of the Intended Parents according to their citizenship law. Once the baby is born, the baby’s birth certificate has the name of the birth mother and biological father. The surrogate mother relinquishes her right over the baby, the biological father can take the baby home.
More resources on this topic:
How much does surrogacy cost a family member?
Gay surrogacy costs made affordably
Surrogacy twins with 2 different fathers
Selecting a Surrogate Mother in Kenya
Surrogate mothers are easy to find in Kenya as poverty and lack of good employment options push young girls to become surrogate mothers.
So, how much are surrogate mothers paid in Kenya? In most of the best surrogacy centers in Kenya, a typical surrogate mother’s price can be around $10,000 to $15,000.
But, before enrolling a surrogate mother in a program, there are a few criteria that she needs to fulfill:
- She must be in the right age group of – 22 years to 35 years.
- She should have at least one child of her own with no known complications during or before the delivery of her baby.
- No habits of smoking or alcohol.
- She should be physically and mentally fit and understand the process and her responsibility toward the program.
- Clear all medical/psychological screening and should not have any sexually transmitted diseases
- No history of miscarriage or abortions.
- If married, the husband’s consent is needed in writing.
- Ready to stay in the surrogate house in Kenya for full pregnancy term for better monitoring and success rate.
- She should be motivated by not only finance but also the desire to assist a family in having a child.
Alternatives to Surrogacy in Kenya
Although Kenya offers affordable surrogacy options, it’s important to consider alternatives. Countries like Georgia, Argentina, Armenia, Colombia, Ukraine, and Mexico also offer affordable surrogacy programs with more defined legal frameworks. Each country has its unique benefits, and intended parents should weigh the pros and cons of each option before making a decision.
Conclusion for Surrogacy Clinics in Kenya
Surrogacy in Kenya can be a good surrogacy option for local Kenyan resident couples. Intended parents from the nearby country can apply for surrogacy as well. The cost of the Surrogacy Agency in Kenya is still affordable for local parents.
However, anyone from Western countries, especially same-sex couples needs to avoid this unregulated option. The risks are much more than the opportunities.
There are few international surrogacy agencies in Kenya that offer surrogacy services, but Intended parents need to exercise their judgment to opt for it.
We can recommend you Altruistic surrogacy program in Kenya with our partner IVF clinic in Nairobi using a surrogate from Kenya. But to be honest, we lack past experience working with any parents who completed their journey there.
The other cost-effective international surrogacy options are safer and more legal. For example– For single parents, surrogacy in Colombia is much more reliable and quality-oriented for gay couples.
For married couples, surrogacy in Ukraine and Surrogacy in Georgia is still the most legal and affordable option.
If you’d like to learn more about surrogacy agencies operating in Kenya or about the surrogacy process in the best surrogacy center in Kenya, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)