Of late since 2015, surrogacy in Kenya has emerged as one of the most popular surrogacy destinations in Africa. The country is known for its lush green landscapes and warm climate and obviously one cannot forget the popular game parks and mountainous regions. Kenya has no law governing Surrogacy, however, has been offering surrogacy to patients for many years now.
The national legislation on surrogacy does not have any objections to couples undertaking surrogacy as long as they enter into a contract with the gestational carrier or the surrogate mother prior to their surrogacy journey.
Over the last 7-8 years many Kenyan lower court and High Court judgments have also confirmed that surrogacy agreements are legal and binding.
In fact, the children’s court of Kenya has also allowed for sole custody of babies to be granted to single male parents as well.
Although one must also state that the Kenyan government has begun deliberations on forming formal surrogacy laws in Kenya which are yet to be introduced in their parliament.
Kenyan women tend to be very fertile and also the prevalence of smoking and drinking amongst women out there in Kenya is extremely minuscule therefore interned this leads to a very healthy and positive environment for the recruitment of surrogate mothers in Kenya.
In fact, it is also not incorrect to state that many Kenyan women travel overseas to become surrogate mothers. This coupled with the excellent quality of IVF clinics and expatriate doctors that have been working in the field of IVF in Kenya make it a very fertile ground for surrogacy and surrogacy services in that country.
It is definitely very right to say that Kenya offers affordable surrogacy care for couples and or singles. Become parents global surrogacy is one of the premier global agencies based out of Nairobi (Kenya’s capital city) that offers world-class cross-border surrogacy to international patients.
Is Kenya considered a safe destination when it comes to surrogacy?
In our opinion, Kenya is a competitive and risk-free destination to undertake your surrogacy journey.
We also feel that for any intended parent to travel across to a foreign country does pose a challenge ( for instance even when surrogacy was legal in India about 10 years ago, many Westerners used to find it a challenging task to visit India for surrogacy), be it cultural differences or challenges faced due to language and familiarity.
However, I can certainly state that after having completed more than seven years in Kenya and has helped hundreds of parents, I have no hesitation in recommending Kenya as a destination that is at par with any other surrogacy destination in the world when it comes to results and post-pregnancy care.
We will be more than happy to discuss the challenges that parents might face while visiting Kenya. However with our experience and staff, there are based in Nairobi itself, we would be ensuring that your experience is as smooth as possible. Always check the relevant certification and licenses of any surrogacy agency that you deal with anywhere in the world. We also recommend that you request and ask how ethically your agency works.
What are the requirements for starting your surrogacy journey in Kenya
For any couple or intended parent to start their surrogacy journey, we would need to submit to the clinic some basic documentation such as your current family status, your medical history, and a brief summary of why you would require surrogacy services.
Our agency will act on your behalf and submit all the paperwork and relevant documents in order to receive permission to start the surrogacy journey here with us at our partner clinic in Kenya.
Why should undertake Surrogacy in Kenya?
Surrogacy in Kenya has become a popular solution for those who are unable to conceive or carry a child, especially when the woman cannot carry a baby due to medical reasons.
There are many benefits that come with surrogacy in Kenya, including improved health and happiness of the surrogate mother and the child, financial stability for both parties,
social acceptance, and legal protection for the surrogate mother.
For any country to offer surrogacy services safely and ethically there are two key ingredients that are very essential. The first one is access to healthy surrogate mothers and the second one is access to good IVF and medical services. ( Obviously, other things such as legalities and a robust legal system in place are also essential).
According to our experience, Kenya offers a fantastic and comprehensive destination that offers not only access to one of the most advanced IVF clinics and doctors apart from healthy young fertile surrogate mothers who are willing to offer their services.
May also add over here that he and African country doesn’t necessarily equate Kenya to a Third World order cheap destination. The surrogate mothers rehire get paid almost $ 10,000 apart from food and accommodation ( which essentially is approximately 60% of what typically a surrogate mother would earn in a European country such as Georgia and Ukraine). And approximately 1/3 of what a surrogate mother would earn in the United States.
Pretty good isn’t it?
Apart from that, the other benefits of undertaking surrogacy in Kenya are things such as access to surrogacy for single parents and unmarried parents as well.
1. Country of Kenya provides the opportunity for affordable surrogacy for childless couples from across the world
2. Due to the availability of advanced and excellent IVF clinics, has resulted in high success rates for us in Kenya
3. Obviously if a parent wants to work with an egg donor from a Caucasian country we would also offer Cross-border surrogacy options which means that embryos can be created in another country and then ship across to Kenya for implant into a surrogate mother.
What are the regulations that the Kenyan Government has in place for surrogacy?
Surrogacy has been in practice in Kenya since the early 2000s. And since 2016, when the first foreign national visited Kenya for surrogacy, numerous new and advanced IVF clinics have opened up in Nairobi, which is also called the medical tourism how of Eastern Africa.
The Kenyan government does not have any specific surrogacy laws in Kenya that prevent surrogacy services from being accessed by any individual from across the world. However, the government is very mindful of the fact that people from all over the world have been trying to access surrogacy services in Kenya and therefore in approximately 2019, the government proposed a set of regulatory changes in the Kenyan surrogacy law that would govern the surrogacy industry as such. However, since that, no law has been enacted or passed by the Parliament.
The Kenyan government does regulate the IVF clinics to ensure strict adherence to surrogacy guidelines on who can and who can’t access surrogacy services in Kenya. The Kenyan government also mainly ensures that the element of human trafficking is eliminated especially when surrogacy is considered to be a grey area in multiple countries.
However, the Department of Immigration and child services of the Kenyan government highly recommends undertaking DNA cross-matching with the baby so as to ensure that Western countries do not have any objection when it comes to issuing travel documents for the babies born to surrogate mothers to intended parents.
Obviously, before beginning any surrogacy program it is mandatory as per the Kenyan government regulations for surrogate mothers to undertake viral marker tests apart from their psychological and medical counseling before they undertake to become a surrogate mothers.
As an ethical surrogacy agency in Kenya, we have always followed strict regulations and worked with the local clinics and ensured strict adherence to these regulatory requirements.
Another important aspect is that we always use a single mother for surrogacy so as to not complicate things when it comes to the exit process for the intended parents.
Kenyan courts have always maintained that the rights of the child are Paramount when it comes to granting sole custody rights to the single parent or the commissioning parents. Therefore all the surrogate mother has to do is appear before a children’s court and agreed to waive her rights so that the child can travel back to the home country of the commissioning parent(s).
Should you wish to obtain a list of regulatory and historical judgments relating to surrogacy passed by the Kenyan court, please do not hesitate to reach out to us any time via phone or email, or WhatsApp