Key Findings

• Kenya’s National Assembly has approved the Assisted Reproductive Technology Bill, 2022, creating the country’s first legal framework for ART and surrogacy.
• The law permits IVF, IUI, and gamete/embryo donation while allowing only altruistic surrogacy and outlawing commercial exploitation.
• An ART Committee under the KMPDC will license clinics, regulate practitioners, and maintain a confidential national donor and embryo registry.
• The bill protects the rights of intended parents, surrogates, and children, sets strict eligibility rules, and imposes heavy penalties for unethical practices like cloning, sex selection, or selling gametes.
  

The National Assembly of Kenya Approves Assisted Reproductive Technology Law - ART Bill, 2022, therefore marking a historic step when it comes to regulating fertility treatment, reproductive health, and surrogacy in Kenya. The bill goes on to establish a legal framework when it comes to assisted reproductive services, helps protect the rights of parents and surrogates as well as children, and also outlaws exploitative commercial surrogacy.

During the November 12, 2025, third reading of the bill, Moses Wetang’ula, the speaker of the National Assembly, went ahead and hailed the Members of Parliament for concluding what, according to him, was a long and protracted process, appreciating them for enacting a law that is both morally grounded and culturally sensitive. He paid gratitude to the honorable members for finally bringing an end to this long and protracted process. He also lauded the efforts put in by Millie Odhiambo-Mabona, the Suba North MP, for refining the legislation.

He asked Millie to also thank all the colleagues for their tremendous efforts in making the bill have a moral color and also making it applicable to their country, without giving any chance to foreigners to come in and function in a way that’s unacceptable. Wetang’ula went on to praise Odhiambo for her courage when it comes to championing the bill, stating she had gone on to give a human face to a challenge that was often shrouded in stigma.

He added that there are very few people who own up to their situation and accomplish what she has done. There are a majority who happen to live in denial, he added, quoting Roy “Gramps” Morgan, the Jamaican-American poet who said Heaven has a place for people like you.

The bill happens to offer a regulatory framework in terms of fertility treatments like in vitro fertilization - IVF intrauterine insemination, and gamete and embryo donation, as well as surrogacy. It makes sure that all the Kenyans, regardless of gender or even marital status, can have access to the reproductive technology in a safe and ethical way.

It also goes on to establish an Assisted Reproductive Technology Committee under the aegis of the Kenya Medical Practitioners and Dentists Council - KMPDC in order to license clinics as well as experts, regulate the practice, and at the same time maintain a confidential national register pertaining to donors, embryos, and children who are conceived by way of assisted methods.

The law goes on to promote access to affordable as well as quality fertility care, which happens to be in line with Article 43(1)(a) of the Kenyan Constitution, which goes on to guarantee the right to the highest attainable benchmark in terms of health.

It permits only altruistic surrogacy, wherein a surrogate mother goes on to receive no payment beyond the medical expenses, and also safeguards the rights of children who have been conceived by way of assisted methods, hence granting them the same legal status as children who are naturally conceived. It further goes on to impose stiff penalties for unethical practices like human cloning and sex selection, as well as the sale of gametes or embryos, with fines of almost KSh 10 million or even imprisonment for up to 10 years.

Speaker Wetang’ula said that the law happens to balance scientific advancement with the cultural and moral values of Kenya, making sure of protection from foreign exploitation while at the same time upholding the dignity of family. As per the new framework, only Kenyan citizens who happen to be aged between 25 and 55 years may opt for surrogacy, whereas the surrogate mothers should be 25–45 years old, have borne at least one child, and also have passed the medical and psychological evaluations.

It is well to be noted that all the procedures go on to require written consent, and also posthumous usage of reproductive material stands prohibited without prior authorization in place. The law happens to cap gamete donations at ten instances for every person and also mandates counseling for intended parents as well as surrogates. Notably, surrogates are entitled to a leave for three months post-birth, whereas intended mothers as well as fathers get their respective maternity and paternity leave.

The legislation also goes on to forbid abandonment or any kind of exploitation of surrogate mothers or children, recognizing intended parents as the legal guardians of the child right after the birth. With infertility going ahead and affecting one in every six couples across the world, the law places Kenya among very few African countries that have a clear framework when it comes to assisted reproduction.

It is anticipated to expand access to fertility care and also standardize the clinical practices and, at the same time, promote ownership within the sector.

According to Wetang’ula, he has relatives as well as friends who happen to live in such a situation and would benefit from this. This legislation is going to make a real difference in their lives. Interestingly, the Assisted Reproductive Technology Act, 2022, is now going to be transmitted to the Senate for concurrence before getting presented to the President for his go-ahead.