Surrogacy in Kenya – A Complete Guide for Intended Parents to Parenthood through Surrogacy in Kenya
Assisted reproduction technologies, particularly IVF, have made it possible for people who are unable to carry a pregnancy to have a child. Surrogacy in Kenya, the practice where a woman carries a pregnancy for another, is becoming more common. Many of these are gestational surrogacies where the surrogate does not provide the egg for the embryo created for her to carry. The pregnancy and the birth are for the intended parents, and the child is biologically theirs.
In addition to IVF and embryo transfer, a complex journey for the Intended Parents awaits. They need to get the intended mother(s) prepared for the journey, find a suitable Surrogate, get her counseled, draw up necessary legal agreements, manage the Surrogate’s pregnancy, deliver the baby and get the child’s birth certificate(s) in order.
It’s extremely important that any individual considering a surrogacy program for their intended parents seeks out the most current medical information and independent legal advice on the proposed legislation regarding the laws of surrogacy and the other aspects of assisted reproductive technology in Kenya prior to treatment.
What Is Surrogacy in Kenya?
Surrogacy arrangements, in which a woman carries a pregnancy for others, are increasingly common for individuals and couples unable to carry a pregnancy themselves and who wish to build a family with the help of Assisted Reproduction Technology (ART). Often the pregnancy is carried by a Gestational Carrier or Surrogate Mother, in which an embryo created by IVF using the egg(s) and/or sperm of the intended parents is transferred to the uterus of the carrier, and she carries and gives birth to the child or children.
In Gestational Surrogacy arrangements, the embryo is typically created through In-Vitro Fertilization (IVF) using the Intended Parent’s eggs and/or sperm. The embryo is then transferred into the Surrogate’s uterus, where she carries and gives birth to the child for the Intended Parent(s). Because the Intended Parent(s) provide the genetic material for the child and the Surrogate does not, there is typically no genetic link between the Surrogate and the child born through the program.
There are several circumstances when pregnancy would be medically impossible, unsafe or other wise unsuccessful for the intended mother(s). The intended mother(s) should consult with their doctor or fertility specialist to determine if surrogacy would be an option for them.
Is Surrogacy Legal in Kenya?
Please note that the legislation regarding surrogacy laws in Kenya is still developing and therefore it would be advisable to seek the most up-to-date information from a doctor and also from an appropriately qualified Kenyan legal practitioner prior to commencing the process of surrogacy in Kenya.
A lot of work has been going on to pass legislation that will regulate the use of Assisted Reproductive Technology in Kenya, which will include IVF, embryo and gametes as well as surrogacy. There is an Assisted Reproductive Technology Bill, 2022 which was approved in amended form by the National Assembly in November 2025 and has since been referred to Senate for consideration in 2026. When the surrogacy law does come into place it will need to be strictly adhered to.
Legislation to govern Reproductive Health is currently in the process of being finalized to cover all aspects Reproductive Health, including regulation of facilities carrying out ART, issues to do with surrogacy and the rights and obligations of both intended parent(s) and Surrogate Mother(s). A child born by any of the various Reproductive Health Techniques will be protected by special legislation.
Therefore, although the law has significantly changed for would-be parents planning a surrogacy in Kenya, this information remains outdated. When planning a surrogacy in Kenya we advise you to obtain up-to-date, accurate information on the process of surrogacy, required documentation, medical and legal treatment and any other matters relevant to your circumstances from an appropriately qualified Kenyan lawyer.
Surrogacy Laws in Kenya – Current Legal Considerations
The proposed Assisted Reproductive Technology framework sets out to regulate Surrogacy, among other forms of Assisted Reproduction. Surrogacy-related provisions relate to matters of the eligibility of the would-be Surrogate Mother, the terms and conditions of a Surrogacy agreement which may be entered into by the parties before the procedure is undertaken and the rights and obligations of the parties thereto.
Under the current version of the bill considered by parliament, the surrogate mother is to be over the age of 25 years and to have had a previous live birth. She is to be fully informed and to understand her rights and the obligations of the parties in respect of the child to be born. The parties shall enter into a written agreement before commencement of the process.
Commercial surrogacy has been restricted and the proposed legislation will establish guidelines for altruistic surrogacy. Therefore even though the Bill has gone through various stages in the legislative process, it is not yet a law that can be effectuated and therefore same would be treated as a proposed legislation in this discourse.
In those cases, intended parents from all over the world travel to Kenya to enter into surrogacy agreements. In such cases, the laws of the parents’ country of origin also come into play, i.e. regarding the parents’ citizenship, the child’s birth being registered in their country of origin, and even traveling to their country of origin with the newborn baby.
Who May Consider Surrogacy in Kenya?
Surrogacy can be an option for people who cannot carry a pregnancy to full term or who would be poisoned by a pregnancy.
Potential medical indications may include:
•Absence or significant abnormality of the uterus
•Medical conditions that make pregnancy unsafe
•Repeated pregnancy loss in selected cases
•Repeated unsuccessful fertility treatment in appropriate circumstances
•Previous medical treatment affecting the ability to carry a pregnancy
•Other conditions identified by a fertility specialist
In many cases, the reason why someone would consider surrogacy is not because they are unable to conceive, but because they cannot safely carry a pregnancy or because for some other medical reason, they are unable to carry a pregnancy.
Who Can Become a Surrogate Mother in Kenya?
A responsible surrogacy program screens the potential Surrogate Mother as well. As with the Intended Parents, a thorough medical, psychological and legal assessment is required before she can enter into an agreement to act as a Surrogate Mother.
Under the proposed framework for ART in Kenya, as outlined by parliament, the intended surrogate must be 25 years or older and have given birth previously.
A comprehensive screening process may include:
•Medical history and physical examination
•Previous pregnancy and delivery history
•Fertility and reproductive assessment
•Infectious disease screening
•Blood tests and other recommended investigations
•Psychological counselling
•Assessment of informed consent
•Legal counselling
•She is able to understand the responsibilities involved.
The health and wellbeing of the surrogate will remain a key consideration throughout her pregnancy.
Surrogacy Process in Kenya – Step by Step
The process for a particular case will depend upon the circumstances of the intended parents and/or the proposed surrogate mother. However, below is outlined a typical journey of a couple going through a surrogacy arrangement in Kenya.
1. Initial Consultation
The intended parents discuss their medical history, fertility goals and previous treatment with a fertility specialist or patient coordinator.
2. Medical Assessment
The intended mother and/or father will be required to go through some fertility investigations to determine whether they have enough healthy eggs or sperm for the IVF procedure.
3. IVF Treatment
Eggs are collected from the intended mother and fertilised with the sperm of the intended father in the IVF laboratory. ICSI may be recommended in certain situations.
4. Embryo Development
During the incubation period in the lab, the embryos are given proper care and culture till they are ready for transfer fresh or can be frozen for future use depending on the clinical recommendation.
5. Surrogate Screening
The potential surrogate(s) undergo medical assessment, psychological evaluation and are satisfied that she will comply with the Program’s legal requirements.
6. Surrogate Matching
The intended parents and the surrogate will be matched based on the requirements outlined in the medical, legal and program aspects for the intended parents.
7. Legal Agreement
The parties obtain independent legal advice and complete the appropriate documents prior to Embryo Transfer. The documentation to be completed is as stipulated within the applicable Kenyan legislation.
8. Preparation for Embryo Transfer
Preparation of Surrogate’s Reproductive System for Embryo Transfer.
9. Embryo Transfer
A suitable embryo is transferred into the surrogate’s uterus.
10. Pregnancy Confirmation
Pregnancy test to be taken after specified time frame from Embryo Transfer to confirm the Pregnancy, followed by an ultrasound scan to confirm the viability of the pregnancy.
11. Pregnancy Monitoring
The surrogate receives regular antenatal check-ups and medical care throughout her pregnancy.
12. Delivery
The delivery of the child will be arranged and the medical team at the maternity notified.
13. Birth and Documentation
After birth, all necessary birth, parentage and other documentation will be prepared and processed under Kenyan laws.
14. International Travel
International parents may also need further documents from relevant countries, embassies or even their home country to take the baby abroad.
IVF and Surrogacy in Kenya
As IVF is a fundamental part of any Gestational Surrogacy arrangement, the process of creating embryos for transfer to the Surrogate Mother is detailed below.
This process includes several stages including ovarian stimulation, egg retrieval, sperm collection, fertilization, embryo culture and transfer. Embryos can also be left to freeze and later be transferred in a later fertility cycle should this be required.
This may involve the intended parents using their own gametes where this is medically safe, or using donor eggs and/or sperm where this is not. This decision will be taken by the intended parents in consultation with the relevant fertility specialist.
Surrogacy Cost in Kenya
The cost of surrogacy in Kenya can differ greatly from couple to couple depending on a number of factors. The cost of the medical treatment that the intended parents require, the amount of IVF needed, the cost of the fertility medications, the surrogate’s expenses and the intended parents’ legal costs.
A surrogacy budget may include:
•Fertility consultation and investigations
•IVF treatment
•Fertility medications
•Egg retrieval and embryology services
•ICSI, where recommended
•Embryo culture and storage
•Embryo transfer
•Surrogate medical screening
•Pregnancy monitoring
•Maternity and delivery expenses
•Legal services
•Patient coordination
•Travel and accommodation
•Birth and other documentation
•Immigration or consular-related expenses, where applicable
•Additional treatment if required
Each case is different which is why the intended parents should always ask for a written cost estimate and clarify what is included and what not and also if there is anything extra that will be charged in certain situations.
How Long Does Surrogacy Take in Kenya?
There is no set amount of time for all Surrogacy cases. Every stage of the process can take a different amount of time to complete. For example, the intended parents’ medical tests, the IVF process, the release of embryos, the Surrogate’s screening and matching, the legal process, the pregnancy and the post-birth process to complete all the birth and other documentation including the Immigration and Consular processes for international intended parents.
Pregnancy lasts about nine months, however the whole process (including all stages before pregnancy and after birth) takes a lot longer. In addition to the pregnancy itself, there is preparation for IVF, screening and matching of potential surrogates, legal work and travel to Kenya and back to your home country for intended parents to complete required documentation.
Intended parents from other countries should allow sufficient time to be in Kenya and find out the current requirements for immigration etc. before traveling.
Legal Agreements Between Intended Parents and the Surrogate
A surrogacy agreement will be proposed by Kenyan ART for the intended parents and the surrogate. The proposed Kenyan ART framework will specifically address written surrogacy agreements and matters concerning the care, upbringing and welfare of a child born through the arrangement.
A legal agreement may address:
•Responsibilities of the intended parents
•Responsibilities of the surrogate
•Medical care
•Pregnancy-related expenses
•Communication and contact
•Delivery arrangements
•Medical emergencies
•Pregnancy complications
•Care and welfare of the child
•Parentage and documentation
•Other rights and responsibilities of the parties
Intended parents should get independent legal advice for their own protection and not rely solely on the agency or clinic they are using for a surrogacy contract.
Birth Registration and Legal Parentage
A child born through surrogacy is treated legally in many different ways depending on the legislation, court process, documentation etc. applicable to the case and the circumstances of the parties involved. Kenya has ART legislation in place, which is still in a developing stage, inter alia containing provisions in respect of children. New amendments in respect of the birth registration of children are proposed.
Further, as international parents, you need to determine how your country recognizes children born by way of surrogacy and what additional documents are required to obtain citizenship and a passport for your child and travel to your country.
Surrogacy in Kenya for International Intended Parents
This means that as a couple intending to have a child through a surrogacy program, you will have to comply with both the requirements of the country where you are resident and the laws of Kenya.
Before starting treatment, international parents should consider:
•Eligibility under Kenyan law
•Eligibility under their home-country law
•Medical treatment requirements
•Surrogacy agreement
•Birth registration
•Parentage documentation
•Embassy or consular requirements
•Passport and travel documentation
•Citizenship requirements
•Time required to remain in Kenya after birth
There are many variables which will determine what is required, hence it is strongly recommended that intended parents seek out professional Kenyan legal advice as well as advice in their home country.
How to Choose a Surrogacy Agency in Kenya
Choosing a suitable surrogacy agency or patient-coordinator is very important for intended parents. They should look for transparency, good medical contacts and a smooth legal process.
Important factors include:
•Experience in fertility and surrogacy coordination
•Transparent pricing
•Qualified medical professionals
•Appropriate surrogate screening
•Psychological counselling
•Independent legal support
•Clear written agreements
•Pregnancy monitoring
•Communication throughout the journey
•Support for international patients
•Assistance with documentation
•Clear explanation of what is and is not included in the program.
Beware of promises of guaranteed pregnancy and birth of a baby by any fertility or surrogacy program.
Medical Risks and Considerations
Medicine carries inherent risks and to the surrogacy process, there is also the risk of complications to a pregnancy. This could include problems like gestational diabetes, high blood pressure and pre-eclampsia as well as the risk of a Caesarean section or a baby being born prematurely.
In surrogacy programs the surrogate needs appropriate medical care throughout the pregnancy. The intended parents need to know the medical risks related to pregnancy before embarking on the program.
Ethical and Responsible Surrogacy
Responsible surrogacy programs seek to protect the dignity, health and informed choice of all parties, particularly the surrogate mother and the future child.
Important principles include:
•Fully informed consent
•Independent legal advice
•Appropriate medical screening
•Psychological support
•Transparency about costs
•Protection against exploitation
•Respect for surrogate autonomy
•Confidentiality
•Appropriate medical care
•Focus on the best interests and welfare of the child
Why Consider Surrogacy in Kenya?
There are increasing numbers of fertility clinics and IVF services based in Kenya which are considered by patients from all over the world. These options should however be carefully evaluated and chosen based on a number of factors including medical suitability, full legal compliance and cost in relation to the intended parents’ individual circumstances.
There are many factors to consider when looking for a fertility clinic to go through surrogacy with and this would include looking at the fertility clinic itself, the medical team, the surrogate screening process, the legal process and the amount of support that there is to go through the journey of surrogacy.
Start Your Surrogacy Journey in Kenya
While surrogacy is a major decision for any intending parent(s), it’s also a significant medical, emotional and legal process that requires lots of preparation before embarking on it. However, with the right preparation, intending parents can know what options are available to them, how much they might expect to pay and what are the legal processes involved.
As intended parents looking to undertake a Surrogacy journey in Kenya, our team of professionals are more than happy to outline your choices and go through the various fertility treatment options available. They will also attend a clinic visit with you and introduce you to the relevant doctors and other health care professionals needed to progress your case.
Contact us today for more information and a discussion about your specific needs for surrogacy in Kenya.
Frequently Asked Questions About Surrogacy in Kenya
Is surrogacy legal in Kenya?
The legal framework for assisted reproductive technology in Kenya is currently in the process of being developed by the National Assembly and considered by the Senate (Assisted Reproductive Technology Bill). This legislation is currently before the Senate and thus intended parents would benefit from obtaining up-to-date legal advice from qualified Kenyan attorneys prior to embarking on a surrogacy journey.
How much does surrogacy cost in Kenya?
The costs to surrogate motherhood in Kenya vary depending on the IVF cycle(s) required for pregnancy, medication for the intended mother, screening of the potential surrogate(s) and her health care during her pregnancy, legal fees for documentation of parentage, delivery of the child(ren), and travel to and from Kenya for the bringings of child(ren) home. An estimate can be given upon application.
How does surrogacy work in Kenya?
Gestational Surrogacy: This type of surrogacy involves the creation of an embryo through IVF. The embryo is then transferred into the surrogate’s womb and she carries and gives birth to the child. After birth, there are required medical procedures, legal procedures and documentation processes that follow.
Who can become a surrogate mother in Kenya?
It is also worth noting that the proposed Kenyan ART framework includes provisions regarding the eligibility of individuals to act as a surrogate mother, for example minimum age of 25 years and prior birth of a child. However, this would need to be confirmed with a qualified Kenyan lawyer and/or doctor.
Can international intended parents pursue surrogacy in Kenya?
It is also important to note that international intended parents must also establish that they will be eligible under the laws of their parents’ home country, and able to travel outside of Kenya during their child’s birth.
Is IVF required for gestational surrogacy?
Typically yes, as this is the normal method of Gestational Surrogacy, IVF is required as the Embryo is created outside of the woman’s body and then transferred to the Surrogate’s uterus.
Can intended parents use their own eggs and sperm for gestational surrogacy? Yes, where medically indicated and permitted, intended parents can use their own reproductive material to create embryos for transfer to a surrogate
Use of intended parents’ own eggs and sperm (where medically appropriate and legally permitted) or consider using donor eggs and/or sperm in appropriate circumstances.
How long does surrogacy take in Kenya?
Duration of process: The process generally takes 9 months for the pregnancy but includes several other stages including the medical assessment, IVF, the surrogate’s screening and matching process, the legal process prior to embryo transfer, the pregnancy itself and the documentation post-birth.
What happens after the baby is born?
This process can take several months and involves obtaining birth certificates, establishing parentage, obtaining citizenship, obtaining a passport for the child and traveling back home to the intended parents.
Before you engage a agency to handle your surrogacy in Kenya for you, make sure you check the following:
A good surrogacy agency will clearly outline the structure of their company including the Medical Department, the Surrogate(s) screening process, the Legal department, Fees, Documentation required and process for international patients, and terms and conditions of service. They should NOT promise a successful pregnancy and/or birth.
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