top of page

Surrogacy Route to Parenthood in Kenya

Hey there, folks! Today we're going to talk about surrogacy - what it is, and how it works in Kenya. If you're curious about this process and what it entails, then read on!

First things first - what exactly is surrogacy? Well, in simple terms, surrogacy is when a woman carries a baby for someone else. This can happen for a variety of reasons - maybe the intended parents are unable to have a child themselves, or maybe the mother has health issues that make it difficult to carry a pregnancy to term.

In Kenya, surrogacy is legal and regulated by the government. This means that there are specific rules and regulations in place to ensure that the process is safe and ethical for all parties involved. Let's take a closer look at how surrogacy works in Kenya.

The Surrogacy Process

The first step in the surrogacy process is for the intended parents to find a surrogate mother. This can be done through a surrogacy agency or by connecting with a potential surrogate directly. Once a surrogate has been chosen, the next step is to undergo a medical evaluation to ensure that she is healthy and able to carry a pregnancy to term. Once the surrogate has been cleared medically, the intended parents and the surrogate will sign a legal contract outlining the terms of the surrogacy arrangement. This contract will cover everything from compensation for the surrogate to the intended parents' rights and responsibilities throughout the pregnancy.

After the contract has been signed, the surrogate will undergo a procedure called in vitro fertilization (IVF). This involves fertilizing an egg with sperm outside of the body and then transferring the resulting embryo into the surrogate's uterus. If the procedure is successful, the surrogate will carry the pregnancy to term and give birth to the child.

Throughout the pregnancy, the intended parents will work closely with the surrogate to ensure that she is receiving proper medical care and support. They may attend doctor's appointments with her and stay in touch via phone or email to check in on her progress.

Once the baby is born, the intended parents will take legal custody of the child. In Kenya, surrogacy agreements are legally binding, so the surrogate has no legal claim to the child once it is born.

Legalities of Surrogacy in Kenya

The legal framework for surrogacy in Kenya is still developing. There are no specific laws that govern surrogacy, but it is permitted under the Assisted Reproductive Technology (ART) Bill, which is currently awaiting approval from the National Assembly. The bill outlines the requirements for surrogacy, including medical and psychological evaluations of the intended parents and the surrogate mother. It also establishes the legal parentage of the child, stating that the intended parents will be recognized as the legal parents from birth, and the surrogate mother will have no legal rights over the child.

Cost of Surrogacy in Kenya

Surrogacy can be an expensive process, and the cost varies depending on several factors. In Kenya, surrogacy costs can range from Ksh 2.5 million to Ksh 4 million, depending on the clinic and agency used. The cost includes medical expenses, legal fees, and compensation for the surrogate mother. It is worth noting that some clinics and agencies may charge additional fees for services such as egg donation, embryo freezing, or medical complications.


Surrogacy is a viable option for individuals or couples who cannot conceive a child naturally or through other assisted reproductive technologies. While surrogacy is legal in Kenya, it is still a relatively new concept and not widely available. The cost of surrogacy in Kenya can be expensive, ranging from Ksh 2.5 million to Ksh 4 million, depending on the clinic and agency used. The legal framework for surrogacy in Kenya is still developing, with the ART Bill awaiting approval from the National Assembly. Overall, surrogacy can be a life-changing experience for intended parents, but it is crucial to understand the legal and financial implications before embarking on the journey.


To learn more about pregnancy, reproduction, and other sexual health topics like sexually transmitted infections (STIs), cervical cancer, and how to prevent or delay pregnancy, make sure to message askNivi on WhatsApp. askNivi is a free, confidential health chat service that can direct you to essential healthcare products and services in your area. Start chatting today!


bottom of page