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Surrogacy Kenya
Kim jest Szymon Besser

"Is Surrogacy Legal in Kenya? Laws, Process, and Key Considerations"

Did you know that even international patients consider surrogacy Kenya?

According to WHO, Infertility has emerged as a major global issue. Around 17.5% of young people are affected or to say, every 1 out of 6 people are experiencing fertility issues worldwide.

Even infertility has been a major concern for African society due to social stigma, disgrace, and exclusion. But now, as the African countries have increasing access to education, society is changing.

African countries such as Kenya, Nigeria, and Ghana are offering surrogacy options in the African continent. Surrogacy has now gaining acceptance from the people of Africa.
Surrogacy Kenya
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What is Surrogacy in Kenya?

Surrogacy Kenya is a medical method opted for infertility couples to achieve their dream of having a child. In this, a surrogate mother carries a baby and delivers for another couple. In this, generally, couples are unable to conceive on their own due to their medical conditions. 

However, in Kenya, there are no strict laws and regulations regarding surrogacy. Hence, all types of surrogacy can be options for the intended couples even couples can use donor eggs or sperm to achieve success in conceiving. Even same-sex couples can opt for surrogacy in Kenya.

There are mainly four main types of surrogacy Kenya, here are:

  1. Traditional Surrogacy: In this type of surrogacy, the surrogate mother is artificially inseminated with the intended father’s sperm or donor sperm. It means the surrogate mother’s eggs will be used for fertilization. In this, the surrogate mother will be biologically related to the child. 

However, this is less preferred by the intended couples due to the surrogate mother’s genetic link to the child. But this can be in practice, due to the intended women’s incapability of carrying the child. 

  1. Gestational Surrogacy: In this type of surrogacy, the surrogate mother only carries the child and delivers as she will not be the biological mother of the child.

In this, an embryo is created through IVF(In Vitro Fertilization) by using the intended couple’s egg and sperm or even they can use donor eggs or sperm for the process. 

Later on, an embryo is then placed directly into the surrogate mother’s uterus which leads to pregnancy. This is a more common and widely used form of surrogacy as the surrogate has no genetic link to the child. 

  1. Altruistic Surrogacy: In this form of surrogacy, surrogate mothers are not compensated for the risk, time, and effort of carrying a baby in their womb for the intended couples. 

They were only compensated for their medical bills and insurance. However, it applies to both traditional and gestational surrogacy.

  1. Commercial Surrogacy: This form of surrogacy is completely legal in Kenya due to the reason of unregulated laws and regulations. In fact, Kenya is among the few countries where commercial surrogacy is allowed. In this surrogate mothers are usually getting monetary compensation from the intended couples. It is legal to practice this type of surrogacy Kenya.

Who needs Surrogacy in Kenya?

Surrogacy Kenya is an option for couples who cannot conceive or carry a pregnancy to term due to their complicated medical history or due to biological reasons. Here, we will learn about the possible reasons for opting for surrogacy in Kenya:

  • Women with Uterine Problems
  • Absence of Uterus: Some women are born without a uterus or some are born with an underdeveloped uterus. This condition is called MRKH  (Mayer-Rokitansky-Küster-Hauser syndrome). They cannot carry a pregnancy so, surrogacy is their only option to have their biological child.
  • Hysterectomy: Women who had their uterus surgically removed due to conditions such as cancer, severe endometriosis, fibroids, etc.
  • Uterine Malformations: Some women may have their uterus with abnormal shapes that make it difficult to carry a pregnancy on their own.
  • Recurrent Pregnancy Loss (RPL): Women who have repeated pregnancy loss or miscarriage due to hormonal imbalances, autoimmune disorders, chromosomal issues, etc. Then infertility specialists suggest to go for surrogacy.
  • Failed IVF Attempts: Couples who have had multiple attempts failed using IVF technology. Then fertility specialists also suggest them to go for surrogacy as sometimes the woman’s ability has issues to carry a pregnancy.
  • Genetic Disorders: In some cases, woman with genetic disorders from her parents is advised to go for Surrogacy with a donor egg.
  • Reproductive Issues
  • Endometriosis: This is a condition in which the tissue similar to the lining of the uterus grows outside of the uterus, and can conceive but it does not result in a successful pregnancy.
  • Hydrosalpinx: This is a condition in which a fluid blockage occurs in the fallopian tubes, which makes it difficult to carry pregnancy.

Eligibility for Surrogacy Kenya

Due to no strict regulations and laws regarding surrogacy practice, there are few eligibility criteria for the intended couples but there are certain eligibility criteria a surrogate mothers should meet. Here’s, the important eligibility that is required for opting for surrogacy Kenya:

  • For Intended Couples

    1. Surrogacy can opted by married couples, same-sex couples, and gay couples but should be in stable relationship.
    2. Even Singles can also go for surrogacy Kenya.
    3. Unmarried couples can also opt for surrogacy.
    4. The intended couples can be of any nationality.
  • For Surrogate Mothers

    1. The woman should be between the age of 23-35 years.
    2. She can be married or non-married.
    3. She must have at least a biological child.
    4. She must be physically fit and healthy.
    5. She must be a non-smoker and non-alcoholic.
    6. She must provide her self-consent and be willing to do it without getting forced. 
    7. She should not have a history of miscarriage or abortions.
    8. She must have her family’s consent.
    9. She must be mentally fit and understand all her roles and responsibilities of the whole surrogacy process.
    10. She must not have any genetic disease or any sexually transmitted disease.
    11. She can be of any country’s nationality.

Surrogacy Laws in Kenya

Kenya does not have any strict laws and regulations regarding the surrogacy method. Due to this, there can be chances of disputes between the parties a.k.a surrogate mother and intended couples. There are also the chances of exploitation in the surrogacy industry. Still hope for many intended couples!

There are certain things which are importantly to know before opting for surrogacy Kenya, here are:

  1. Legal Written Agreement: A written agreement should be made between the surrogate mother and the intended couple which covers the roles and responsibilities of the surrogate mother needs to follow. 
  2. Compensation: It covers the medical compensation and any reasonable needs to be made for the surrogate mother which needs to be fulfilled by the intended couples.
  • Parental Rights: As the written agreement does not guarantee for parental rights of the intended couples, they need to file a petition in court. The court will then order the Department of Vital Statistics to issue a new birth certificate in the name of the intended couple. Then, they are officially the legal parents of the child. 

Procedures of Surrogacy in Kenya

Surrogacy Kenya has now gained acceptance in Kenyan society for couples seeking a medical help in order to have their biological child. All due to the available fertility experts which makes the surrogacy process easy and smooth for the couples and surrogate mother to proceed.

Surrogacy is a series of steps to be taken by both the intended couple and by the surrogate mother in order to fulfill the goal. 

Here, are the detailed explanation step-by-step:

Pre-Medical Screenings & Tests of Surrogate Mother

It is a very important and critical step to meet the eligibility criteria given by the government for the surrogate. 

Medical screenings and various medical tests are also required for the intended couples and the surrogate for compatibility in the process. The surrogate should also go through the psychological tests in order to check for the mental fitness.

Written Legal Agreement

A written legal agreement will be made between the surrogate mother and the intended couple. It includes the written consent by the surrogate to carry a child for the intended couple, each party’s roles, rights, and responsibilities. 

Also, this agreement covers the medical bills, care, or any essential needs that should be fulfilled by the intended couples.

Fertilization Using Artificial Insemination Methods

For this process, the intended couples’eggs and sperms samples is collected or it can be from donor also, which is allowed in Kenya. 

Their collected samples is then mixed in the petri-dish in the IVF laboratory or ICSI method, which carry out the fertilization process leading to form an embryo. 

This embryo is then kept until the blastocyst stage, after that it ready to transfer it into the surrogate’s uterus in order to achieve the pregnancy result.

Embryo Transfer

Multiple embryos is developed so that the chances of conceiving maximizes. Best one is selected for the transfer. Then embryo is gets transferred through a small and safe procedure which is not even painful, into the surrogate’s uterus.

Pregnancy and Birth

Once pregnancy conceived, the surrogate mother should go for the routine checkups in order to monitor the baby’s growth and avoid any complications.

After the delivery, the child is then handed over to the intended couples.

Parental Rights

For parental rights, the intended couple needs to file a petition in the court after the birth of the child. The court will then order the Department of Vital Statistics to issue the child’s birth certificate in the name of the intended couple. They then will become the official parents of the child. After that surrogate mother will have no relation to the child.

Why Choose We Care India for Surrogacy Kenya?

We Care India is a world-renowned medical tourism company in Kenya. We Care India has highly experienced fertility experts and surgeons which ensures the highest success rate. 

They offer highly advanced fertility treatments in Kenya. They offer supreme quality treatment and effective fertility treatment advice to their patients. They make sure the patient is satisfied with the effective and customized treatment plans in order to get the highest success rate. All these come at affordable costs.

Here, are the other factors for choosing We Care India:

  1. Infertility Experts with over 25 years of experience
  2. Their dedicated team provides personalized care and support throughout treatment.
  3. They offer affordable and reasonable treatment costs.
  4. They offer emergency help for 24/7 service.

Contact:

Website Link: https://wecareindia.com/

Phone No.: +91 9029304141

Email Address: [email protected]

Surrogacy Cost Kenya

The average cost of surrogacy Kenya ranges between $ 30,000 – $ 40,000. However, these costs cover all these:

  • Agency fees & surrogate compensations which include all the care during pregnancy
  • Medical checkups and tests
  • Counselling
  • IVF Medications and injections
  • Gametes retrieval and fertilization
  • Embryo transfer in IVF
  • Delivery
  • Legal fees

It is important to note that these are also the important factors which really affects the overall cost in Kenya country.

Here is the breakdown of surrogacy costs in Kenya:

Surrogacy Cost Component

Price Range

These Includes:

Agency & Clinic Fees

$5,000 – $15,000

This covers the expenses for finding a surrogate and managing throughout the process.

IVF Treatment

$5,000 – $10,000

This covers medical procedures and medications for egg retrieval, fertilization process, and embryo transfer.

Surrogate Service Fees

$10,000 – $15,000

This covers the compensation for carrying a baby.

Legal Fees

$3,000 – $5,000

This covers the cost of legal contracts between parties and court procedures for parental rights.

Additional Costs

$2,000 – $5,000

This covers additional expenses like medical insurance, travel & essential needs of the surrogate, screening tests, etc.

Success Rates of Surrogacy Kenya

The success rates of surrogacy Kenya depend on a number of factors such as good fertility experts and clinics, the surrogate health and age, the intended couple’s age, medical advancements in the country, and techniques used such as IVF, ICSI, etc. 

However, the country is emerging as a good option for surrogacy for gay or same-sex couples. Due to the country’s improving medical facilities and medical advancements, the average success rate of surrogacy Kenya ranges between 65-80%.

It is still a good success rate as compared with other developed countries like the US, UK, etc having success rates ranging between 55-80% with advanced medical facilities.

Conclusion

Kenya is emerging worldwide now for cheap and affordable surrogacy costs with such good success rates. Many foreign nationals want to seek surrogacy Kenya for this reason.

Due to medical advancements in the past decades, surrogacy can be a reliable option for infertility couples in Kenya. It gives you the great opportunity to have your biological child. 

I would suggest you to consider it, go for surrogacy, and have your child because it is important to have someone who says ‘dad and mom’ and being part of the society. I know being childless is a painful and tormenting feeling!

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