Surrogacy Law in Kenya – For the Couples who wish to have their baby

Kenya has become a significant surrogacy destination for the past some years now that India and Thailand have proscribed overseas couples availing the help of Indian surrogates. If we talk about the Surrogacy Law in Kenya, then there is no such legal Law in Kenya regulating for surrogacy treatment because the government in Kenya knows that surrogacy is a straightforward procedure that helps childless couples to complete their family by having their baby. This is the reason that people love to travels to Kenya because here they can achieve their dream of success without any surrogacy principle in Kenya.

With this news that there is no such legal Surrogacy Law in Kenya and the infertile couples are enjoying their parenthood with their own babies; however, the law regarding surrogacy varies by state. Kenya is a state which has formalistic rules, regulations, and protections, and therefore, this is one of the safest nations for surrogacy treatment. This state has a legal certificate which states that any heterosexual couples around the world can visit Kenya for their surrogacy treatment. The surrogacy cost in Kenya is also based on a sensible package so that each pair can go ahead for this treatment without receiving obstacles in the path of their parenthood.

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    What is the Surrogacy Policy in Kenya?

    The Surrogacy Policy in Kenya is same for everyone whosoever travelling to Kenya, whether for the same-sex surrogacy or different sex surrogacy procedure in Kenya. Both the parties need to sign an agreement which is nothing but a mutual concern so that it becomes easy to run the process. The Surrogacy Law in Kenya agreement states that surrogate mother will carry the pregnancy in her womb for intended couples and will hand-over them after the baby birth and she will be paid for her services.

    The intended parents need to take care of all the expenses of surrogate such as food, accommodation, clothing etc. and will file a petition in court on the third day of the baby birth for seeking the Court permission to be legal parents of a newborn. The Court will order the Department of the Vital Statistics to issue the new birth certificate on which it is mentioned that intended parents are the legal parents of the newborn and surrogate mother has no relationship with the baby born. The entire surrogacy process in Kenya is stable and secure to have a child if the couple is unable to attain pregnancy naturally.

    However, if you come in LGBT (Lesbian, Gay, Bisexual and Transgender) group, then you need to face challenges as Kenya is a homophobic nation and if you are a gay couple selecting surrogacy, then you and your partner won’t be able to present at the same time in the hospital together. You also have to face several questions such as where is your wife, etc., on the discharge of the hospital.

    With the emerging demand of the surrogacy procedure in Kenya, Kenya has become one of the surrogacy hubs for several couples to enjoy the days of their parenthood. There were some attempts done by the Surrogacy Law in Kenya considering ART treatments in the bill passed as an Assisted Reproductive Bill (earlier was In Vitro fertilization act in 2014). According to this law, heterosexual couples are permitted to choose gestational surrogacy in local surrogacy centers.

    According to the law, a woman who is enacting as a surrogate for the surrogacy method (at least 25 years old) may receive embryo of commissioning parent or get artificially inseminated to carry the pregnancy for another couple. The surrogate will then hold the child on behalf of the couple until pregnancy happen. Once the delivery occurs, all the parental rights get over to the intended couple with the guidance of our team.

    Surrogacy law in Kenya for choosing Surrogate Mother

    Surrogate mothers in Kenya are appropriately screened for any disorder or disease such as Hepatitis, BP issue, heart problem etc. Surrogacy Law in Kenya selecting surrogate mothers are
    • According to the Kenyan law, a woman is not allowed to be a surrogate if she is younger than 25.
    • Must be married having a kid of her own
    • Must not have any acute disorder (such as BP, heart issue etc.)
    • Had not ever faced miscarriage
    • Unmarried women are also allowed if they can undergo the procedure of bearing a baby
    • Willing to hold the pregnancy of another couple happily
    • Surrogate must be healthy and fit for the entire process

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      What are the Surrogacy Legalities in Kenya according to the government?

      The government in Kenya is very kind and they understand that many international patients travel to Kenya because there are no such Surrogacy Law in Kenya as it is a simple procedure for those couples who are unable to conceive naturally after having an unprotected intercourse for more than 12 months and they need further assistance to conceive a baby, however, the eggs which produced by these women are poor quality or in some case women provide the excellent quality of eggs but not able to carry the pregnancy in their womb, and they need someone who will bring their baby and hand-over to them after the baby birth. This procedure is meant only for helping the childless couples; hence, there are no such Surrogacy Legalities in Kenya for surrogacy treatment.

      At We Care IVF Surrogacy the surrogacy treatment is performed under the best guidance of fertility experts and the team of the surrogacy centre in Kenya. We Care IVF Surrogacy is one of the leading and fastest-growing Medical Tourism Facilitator that gives the high-class fertility treatment across several countries, and Kenya is on the top of the list providing the highest success rate in each ART methodologies.

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        Disclaimer: Under the pre-Conception and Prenatal Diagnostic Techniques (PCPNDT) Act, 1994, prenatal sex determination is banned in India. No test or treatment for sex selection, sex determination, gender selection, gender determination is done in India.

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