The Assisted Reproductive Technology Bill, 2022

16 Dec 2022 domainNational Assembly No. 61 of 2022 Gazette: Supplement No. 201 of 2022
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Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

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.

2

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.

3

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.

4

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.

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