The Assisted Reproductive Technology Bill, 2022
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New Regulatory Directorate Created
Establishes the Assisted Reproductive Technology Directorate under the Ministry of Health. The Directorate is tasked with setting clinical standards, licensing facilities, maintaining a confidential national registry of treatments and donors, and inspecting premises annually.
Strict Restrictions on Embryo Use
Prohibits cloning, sex selection, and the creation of embryos for experimental, speculative, or commercial purposes. Under Clause 12, using any human reproductive material to create an embryo without written consent is an offence punishable by a fine of up to KSh 5 million, up to 5 years in prison, or both.
Legal Framework for Surrogacy
Allows altruistic surrogacy for women aged 25 or older under written agreements. Under Clause 28, surrogacy agreements must be signed by all parties, witnessed by two people from each side, and executed with the help of separate, independent High Court advocates. Commercial surrogacy advertising and commercial matchmaking are strictly prohibited.
Mandatory Licensing and Inspection
Requires any person carrying out ART procedures or storing gametes to hold a valid license from the Directorate under Clause 39. Non-compliance carries a penalty of a fine not exceeding KSh 5 million or imprisonment for up to 5 years.
Bill No.
No. 61 of 2022
Gazette No.
Supplement No. 201 of 2022
Sponsor
Millie Odhiambo Mabona
Background
The Assisted Reproductive Technology Bill, 2022 addresses the unregulated nature of fertility treatments, in-vitro fertilization (IVF), and surrogacy in Kenya. It establishes a formal legal structure to protect patients, donors, and children, and to enforce quality standards across medical facilities in line with the right to reproductive healthcare under Article 43(1)(a) of the Constitution.
Key Provisions
- Assisted Reproductive Technology Directorate: Created under Clause 5 to oversee the sector, advise the government, grant licenses, and inspect clinics.
- Rights of the Child: Clause 26 establishes that children born through ART processes have the same legal rights under the Constitution as children born through natural intercourse.
- Surrogacy Agreements: Regulated under Clauses 27 and 28. The commissioning parents are recognized as the legal parents, and the surrogate mother must hand over the child immediately upon birth. Altruistic surrogacy is permitted, but financial compensation is strictly limited to actual costs related to IVF, pregnancy, birth, and post-natal complications.
- Prohibited Activities: Clauses 11 to 19 prohibit genetic modification of embryos, cloning, mixing human and animal gametes, obtaining gametes from minors (except for their own future procreation), and sex selection.
New Obligations
- Licensing Requirement: Every clinic, laboratory, and expert performing ART procedures must be licensed by the Directorate and subject to annual inspections.
- Informed Consent: Fertility experts must obtain written, informed consent from all parties before any treatment. This includes clear directions on what should be done with stored gametes or embryos in the event of death or incapacity.
- Records and Reporting: Licensed facilities must keep detailed registers of patients, donors, treatment types, and outcomes, and share this information periodically with the Directorate.
Penalties
- Core Violations: Performing ART without a license, violating embryo consent rules, selling gametes, or conducting commercial surrogacy activities carries a fine of up to KSh 5 million, imprisonment for up to 5 years, or both.
- Corporate Violations: Corporate bodies that violate the provisions of the Act are liable to a fine not exceeding KSh 5 million under Clause 50.
- General Penalty: Any other offence under the Act for which no specific penalty is provided is subject to a fine of up to KSh 1 million, a prison term of up to 2 years, or both under Clause 51.
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