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.