THE ASSISTED REPRODUCTIVE TECHNOLOGY BILL, 2022
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Mandatory Licensing for Fertility Clinics and Cryo Banks
Under Part VI, no person may carry out assisted reproductive technology services or operate a cryo bank without a valid license from the Kenya Medical Practitioners and Dentists Council.
- Transitional Timeline: Existing clinics must apply for registration within 60 days of the establishment of the Committee, and must cease procedures after six months from the commencement of the Act if they have not applied.
- Unlicensed Operation: Practicing without a license is a criminal offence carrying a fine of up to KSh 5 million, imprisonment for up to five years, or both.
Ban on Commercial Surrogacy and Advertising
The Bill strictly prohibits commercial surrogacy, the sale of human reproductive materials, and related advertisements under Sections 31, 32, and 37:
- Commercial Surrogacy Ban: Participating in commercial surrogacy, running brokerage agencies, or selling human embryos carries a fine of up to KSh 10 million, imprisonment for up to 10 years, or both.
- Advertising Ban: Publishing advertisements seeking or offering surrogacy services carries a fine of up to KSh 500,000 or one year of imprisonment for individuals, and up to KSh 10 million for corporate bodies.
Strict Age Limits and Condition Rules for Surrogacy and Donors
To protect all parties, the Bill sets clear biological and age criteria under Sections 18, 19, 27, and 28:
- Surrogate Mothers: Must be between 25 and 45 years old, have given birth to at least one child, and cannot enter surrogacy agreements more than three times in their lifetime.
- Intended Parents: Must be Kenyan citizens aged between 25 and 55 years old.
- Donation Limits: A donor can donate gametes or embryos a maximum of 10 times, and procedures must not result in more than 10 children who are genetic siblings.
- Donor Ages: Male gamete donors must be between 21 and 35 years old, and female oocyte donors must be between 23 and 35 years old.
Criminal Penalties for Human Cloning and Sex Selection
The Bill bans genetic manipulation, human cloning, and sex selection procedures under Part III:
- Consent: Removing or using human reproductive material posthumously or from a living donor without written informed consent carries a fine of up to KSh 5 million, imprisonment for up to five years, or both.
- Cloning & Sex Selection: Cloning human embryos, using embryos in animals, or using technology to select the sex of a child (except to prevent hereditary diseases) carries a fine of up to KSh 5 million, imprisonment for up to five years, or both.
New Right to Conceptional Information and Spouse Screening
Under Section 39, individuals who have reached 18 years of age have a legal right to request information from the registry to find out if they were conceived via assisted reproduction.
- Spouse Screening: Individuals may request the Council to verify if they are genetically related to a person they propose to marry, safeguarding against consanguineous marriages.
Bill No.
Bill No. 61 of 2022
Gazette No.
Supplement No. 201 of 2022
Background
The Assisted Reproductive Technology Bill, 2022, is designed to regulate assisted reproductive technology (ART) services in Kenya. It establishes a dedicated regulatory framework to guide clinics, practitioners, donors, and intended parents. The Bill aims to ensure that ART procedures are conducted ethically, safely, and in the best interest of children born through these processes, while addressing legal gaps around surrogacy, embryo storage, and donor rights.
Key Amendments
The Bill introduces a comprehensive legal architecture for fertility services:
- Assisted Reproductive Technology Committee: Established under the Kenya Medical Practitioners and Dentists Council to develop standards, inspect and accredit facilities, maintain a public register of licensed experts, and keep a confidential national database on ART treatments.
- Surrogacy Agreements: Legalizes altruistic surrogacy through written, court-approved agreements while establishing that intended parents have full parental rights at birth, provided there is a genetic connection. If there is no genetic connection, a court order is required to determine parental status.
- Employment Leave for Surrogacy: Entitles surrogate mothers to three months of lochia leave, intended mothers to three months of maternity leave, and intended fathers to two weeks of paternity leave.
- Right to Genetic Information: Allows individuals aged 18 and above who were conceived via ART to discover their genetic status and check if they are related to a prospective spouse.
New Obligations
The Bill imposes substantial operational requirements on medical facilities and individuals:
- Licensing and Inspection: Any clinic or cryo bank conducting ART procedures must be licensed by the Council. Facilities must undergo inspections before receiving a license and at least once per calendar year.
- Consent and Donor Rules: Written informed consent is mandatory for any storage, use, or donation of human reproductive material.
- Donor Screening and Limits: Clinics must screen donors for diseases, collect detailed physical and medical characteristics, and enforce limits of no more than 10 donations per donor.
- Age Restraints: Male gamete donors must be 21–35 years old; female oocyte donors must be 23–35 years old. Surrogates must be 25–45 years old, and intended parents must be 25–55 years old.
- Information Security: Licensed supervisors must maintain movement registers for stored gametes and embryos and preserve all documentation for at least 25 years.
Penalties
Violations of the Bill’s provisions carry heavy financial and custodial penalties:
- Commercial Surrogacy and Embryo Sales: Operating a commercial surrogacy agency, selling human embryos, or importing gametes for commercial purposes carries a fine of up to KSh 10 million, imprisonment for up to 10 years, or both.
- Unauthorized Embryo Use, Cloning, and Sex Selection: Performing cloning, sex selection, using embryos in animals, or using gametes without written consent carries a fine of up to KSh 5 million, imprisonment for up to 5 years, or both.
- Unlicensed Operation: Practicing ART without a valid license or in unlicensed premises is punishable by a fine of up to KSh 5 million, imprisonment for up to 5 years, or both.
- Unauthorized Disclosure of Confidential Information: Disclosing confidential registry information carries a fine of up to KSh 5 million, imprisonment for up to 5 years, or both.
- General Penalty: Any offence under the Act where no specific penalty is prescribed is subject to a fine of up to KSh 1 million or imprisonment for up to 2 years, or both.
Transitional Provisions
Existing clinics and cryo banks operating in Kenya must take immediate steps to comply with the new law:
- They must apply to the Council for registration within 60 days of the establishment of the Assisted Reproductive Technology Committee.
- They must cease conducting all assisted reproduction procedures on the expiry of six months from the commencement of the Act unless they have applied for registration.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.