Thursday, March 10, 2016 Parliament increases surrogacy age to from 18 to 25

By JOHN NGIRACHU
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Surrogate mother will legally be required to hand over the child on the first day after birth to the biological parents.  

In Summary

• Women who had children via surrogate mothers were previously forced to go through the legal process for the adoption of the babies.
• Surrogate mother will legally be required to hand over the child on the first day after birth to the biological parents.

The legal age at which a woman can become a surrogate mother has now been set at 25.

Mbita MP Millie Odhiambo convinced MPs to approve the increase of the legal age from the 18 years stated in the Assisted Reproductive Technology Bill, previously known as the In-Vitro Fertilisation Bill, which was approved by the National Assembly on Wednesday morning.

Ms Odhiambo did not give a reason for increasing the age threshold, but a 25-year-old would be expected to be more mature than a teenager just getting into adulthood.

While in-vitro fertilisation has been taking place in Kenya, it has not been regulated.

Ms Odhiambo’s Bill, which was published in August 2014, is the first attempt at regulating the medical practice.

EASY PROCESS

It is considered important because it would make it easier for childless couples to bear children via surrogate mothers without going through too many legal hurdles.

Women who had children via surrogate mothers were previously forced to go through the legal process for the adoption of the babies, making life even more difficult and the process unnecessarily lengthy.

Mrs Joyce Lay, the Woman Representative for Taita Taveta, has in the past told the House of her difficult experience as she went through that process.

Now, the surrogate mother will legally be required to hand over the child on the first day after birth to the biological parents.