Surrogacy and IVF in Kenya: what the law says
Ministry of Health / Kenya Law · sources read 4 Oct 2026
Kenya has no law yet that fully regulates IVF or surrogacy. The Assisted Reproductive Technology Bill, already passed by the National Assembly, is still before the Senate; until it becomes law, these services rest on scattered rules such as the constitutional right to reproductive health care.
- Where
- A fertility doctor or hospital for treatment; a lawyer or the courts for surrogacy questions
Steps
- Know where things stand: no Act yet deals fully with fertility treatment or surrogacy. The current rules are spread across the Constitution, the Health Act and the Children Act.
- Any treatment, IVF included, needs your informed consent. Ask the clinic to explain the options, risks and costs before you agree.
- Planning surrogacy? Get legal advice first. Without a specific law, the legal status of a child born through surrogacy is unclear.
Watch out
- The Bill is not law yet. As of July 2026 the Senate was still debating it at Second Reading.
- If passed as it stands, the Bill would allow only unpaid (altruistic) surrogacy, by a woman aged 25 to 45 who has given birth before. These are proposals, not current rules.
Who this covers
- Everyone: the Constitution gives every person the right to health care, including reproductive health care.
Official sources (4)
- Senate Bills Digest: The Assisted Reproductive Technology Bill (National Assembly Bills No. 61 of 2022) parliament.go.ke · read 4 Oct 2026
- Programme of Senate Business for the week commencing Tuesday, 14 July 2026 parliament.go.ke · read 4 Oct 2026
- Health Act, No. 21 of 2017 (Revised Edition 2022) machakosassembly.go.ke · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026