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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
Read the law

Steps

  1. 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.
  2. Any treatment, IVF included, needs your informed consent. Ask the clinic to explain the options, risks and costs before you agree.
  3. 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)
  1. Senate Bills Digest: The Assisted Reproductive Technology Bill (National Assembly Bills No. 61 of 2022) parliament.go.ke · read 4 Oct 2026
  2. Programme of Senate Business for the week commencing Tuesday, 14 July 2026 parliament.go.ke · read 4 Oct 2026
  3. Health Act, No. 21 of 2017 (Revised Edition 2022) machakosassembly.go.ke · read 4 Oct 2026
  4. Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026

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