In a recent discussion on Kenya’s evolving surrogacy landscape, advocate Ayieta Lumbasyo outlined the key requirements for women wishing to serve as surrogate mothers.
For years, the country lacked a comprehensive regulatory framework for assisted reproductive technologies.
This gap was addressed with the enactment of the Assisted Reproductive Technology (ART) Act in November 2025.
The new law permits surrogacy solely on an altruistic, non-commercial basis. Commercial surrogacy often described as “womb rental” remains strictly prohibited.
Only Kenyan citizens aged 25 to 55 may commission surrogacy services while the prospective surrogates must be between 25 and 45 years old.
This age range ensures a balance between emotional maturity, physical readiness, and the protection of maternal health throughout pregnancy and delivery.
A prospective surrogate must also meet the following mandatory criteria including clean and proven obstetric history.
Lumbasyo reiterated that a surrogate must have previously given birth to at least one living child through an uncomplicated pregnancy and delivery.
“The birth must have been problem-free, and many clinics recommend that the surrogate’s youngest child be at least three years old to minimize disruption to her own family.”
Further, the surrogate must undergo a comprehensive medical evaluation. Only women declared medically fit to carry a pregnancy to term may proceed.
The psychological and mental health clearance is required to confirm that the woman fully understands the emotional implications of surrogacy, is mentally stable, and is participating voluntarily without any form of coercion.
Once medical and psychological clearance is obtained, the surrogate must provide written informed consent.
A formal surrogacy agreement covering medical expenses, reasonable compensation for loss of earnings, and the transfer of parental rights must be executed before any medical procedures commence.
Mandatory counselling is required for both the surrogate and the intended parents.
Additional Provisions of the ART Act, A surrogate may carry a pregnancy for others no more than three times in her lifetime, with a minimum two-year interval between deliveries.
She is entitled only to reimbursement of actual medical costs and reasonable loss of earnings; any form of profit or additional payment is strictly prohibited.
The intended parents are recognized as the legal guardians from the moment of birth, resolving previous legal ambiguities that listed the surrogate as the child’s birth mother on official records.
These stringent requirements are designed to safeguard the physical and emotional well-being of the surrogate, the child, and the intended parents alike.
Individuals considering surrogacy are strongly advised to consult a licensed fertility clinic and a qualified legal practitioner to ensure full compliance with the 2025 ART Act.
