NAIROBI, Kenya – The National Assembly has approved the Assisted Reproductive Technology (ART) Bill, marking a major step toward regulating in-vitro fertilization (IVF) and other assisted reproduction procedures in Kenya.
The Bill, sponsored by Suba North MP Millie Odhiambo, was first introduced in 2014 as the In-Vitro Fertilization Bill but lapsed before being revived in 2022 under its current title.
It seeks to establish a legal framework for assisted conception and protect the rights of parents, children, and donors involved in the process.
According to Homa Bay Town MP Peter Kaluma, the legislation underwent significant redrafting to safeguard children and prevent potential abuse of surrogacy arrangements.
“The Bill will not allow for commercial surrogacy in Kenya that could expose children to dangers such as paedophilia, organ harvesting or human research,” Kaluma said. “We have shut that possibility. The Bill allows only altruistic surrogacy for Kenyan citizens — not foreigners — meaning no fertility tourism in Kenya.”
Kaluma added that the law restricts surrogacy to heterosexual married couples and women who are divorced, widowed, or single but certified as infertile by a registered fertility expert.
“We are offering surrogacy to couples where the man is in a marriage, or to single women medically proven to be infertile. This is not open to everyone,” he emphasized.
The proposed law also declares that human life begins at conception, providing legal protection for embryos and children conceived through assisted reproduction.
If enacted by the Senate, the ART Bill will also create a Directorate of Assisted Reproductive Technology to oversee fertility clinics, ensure ethical standards, and prohibit practices such as human cloning.
Millie Odhiambo has long championed the need for clear legal guidance in the field of reproductive health, saying the law will bring dignity and regulation to an area previously operating in a legal vacuum.
The Bill now proceeds to the Senate for consideration before it can be signed into law.
