NAVIGATING SURROGACY AGREEMENTS IN KENYA

The growing acceptance of surrogacy as a viable reproductive solution has prompted many individuals and couples in Kenya to explore this option. However, the legal complexities surrounding surrogacy underscore the importance of both intended parents and surrogates seeking legal counsel. This article delves into the significance of legal guidance for all parties involved and explores the pros and cons associated with surrogacy agreements under Kenyan law.

The Role of Legal Counsel:

1. Protection of Rights: Engaging legal counsel ensures that both intended parents and surrogates fully understand their rights and responsibilities. This includes the rights of the intended parents to the child and the surrogate’s commitment to relinquish parental rights.
2. Comprehensive Agreements: Legal professionals play a crucial role in drafting thorough and comprehensive surrogacy agreements. These documents cover critical aspects such as compensation, medical expenses, and the expectations of all parties involved, minimizing the risk of disputes or misunderstandings later on.
3. Adherence to Legal Requirements: Legal counsel guides the parties through the legal requirements outlined in the Assisted Reproductive Technology (ART) Act of 2015. This ensures compliance with the law, preventing potential legal complications that may arise if the surrogacy process is not executed in accordance with the established regulations.

Pros and Cons of Surrogacy Agreements:

Pros:

1. Clarity and Transparency: A well-drafted surrogacy agreement provides clarity and transparency regarding the expectations of both parties, fostering a positive and cooperative relationship throughout the surrogacy journey.
2. Legal Recognition: The agreement serves as a legal document that can be presented in court, facilitating the issuance of a parental order and the transfer of parental rights from the surrogate to the intended parents.
3. Mitigation of Risks: Legal professionals can help identify and address potential risks, protecting all parties involved from unforeseen legal challenges and ensuring a smoother surrogacy process.

Cons:

1. Costs and Expenses: Engaging legal counsel incurs additional costs. While this expense is essential for legal protection, it is a factor that intended parents and surrogates need to consider when entering into a surrogacy arrangement.
2. Emotional Strain: The legal aspects of surrogacy may introduce a level of formality that could impact the emotional dynamics between the parties. It is crucial for both parties to maintain open communication and emotional support throughout the process.
3. Complexity of Legal Procedures: Navigating the legal procedures, including obtaining a parental order, can be intricate. Legal counsel is necessary to simplify these complexities, but the process may still be time-consuming.

Conclusion:

Surrogacy agreements in Kenya require careful consideration and legal expertise to ensure a fair, transparent, and legally sound arrangement for all parties involved. The engagement of legal counsel is not only advisable but also instrumental in safeguarding the rights and interests of both intended parents and surrogates. As surrogacy continues to be a viable option for building families, understanding the legal landscape and seeking professional guidance is paramount for a successful and legally compliant surrogacy journey in Kenya.