Costs and Financial Aspects of Surrogacy in Kenya

Surrogacy is the type of assisted reproductive technique that involves the assistance of a third party in getting pregnant and delivering a baby. The woman who will carry the pregnancy is referred to as the surrogate, while the couple that will assume parenthood of the baby after delivery are called the intended parents. Surrogacy is a process that is usually bound by a contract and an agreement between the parties involved. It involves a lot of planning and commitment. It is expensive, and the process may require months to years before the intended parents can achieve their aim of having a child. This is the reason why deciding to seek surrogacy is a major one and will require an adequate planning process. Couples need to find out the costs and financial aspects of surrogacy in Kenya. This process will need legal advice, extensive counselling, financial assessment, and a mental and psychological evaluation of the surrogate and the intended parents.

What are the types of surrogacy?

There are two forms of surrogacy that are recognized and practised globally, they are:

• Traditional surrogacy – In this form of surrogacy, the surrogate is impregnated via artificial insemination using her eggs. She can also undergo intrauterine sperm insemination, where the sperm is injected directly into her uterus to get pregnant. In this form of surrogacy, there is a genetic relationship between the surrogate and the baby because the surrogate’s eggs are used in the process. While this form of surrogacy is more straightforward and less expensive, it is the less desired form of surrogacy. This is because, in the instance that the surrogate has a change of mind about giving up the baby after delivery, she can have a legal claim due to the genetic relationship.
• Gestational surrogacy – This is the form of surrogacy that is more popular and more widely practised. In this form of surrogacy, the sperm and egg used for the embryo creation are obtained from the intended parents. The fertilization is done in vitro in the lab, and the embryo after creation is grown for a few days. The embryo undergoes testing to check for quality and viability before being transferred to the uterus of the surrogate. This ensures that there is no genetic or biological relationship between the surrogate and the baby. While this form of surrogacy is more expensive and a more complicated process, it is usually the most desired because there are no genetic relationships. Hence, there is no legal claim of the surrogate on the baby.

What are the cost and financial aspects of surrogacy in Kenya?

The main attraction of Kenya to international surrogates, apart from the less restrictive regulation, is the comparatively cheaper costs of the treatment. The country also has a wider range of intended parents since same-sex couples can seek surrogacy treatment. This is unlike what is obtainable in most other surrogacy-friendly countries. 

The reason for the cheaper costs of surrogacy in Kenya is due to bad economic conditions present in the country, leading to a lack of jobs and widespread poverty, especially in the rural areas. These play a large role in a lot of young women seeking to be surrogates, as the compensation can usually be compared to a year’s work. This is because of the low cost of living in Kenya. So when the compensation is compared to other developed countries, it is relatively quite low. 

Depending on various factors, the total cost of surrogacy in Kenya can be within the range of 30,000 to 40,000 dollars. This cost may also be impacted by any other additional assisted reproductive procedures that are attached to the surrogacy procedure itself, for example, tests on the embryo, repeated embryo transfer and the like. In order to make the process more economical for their clients, some fertility clinics or medical travel health agencies offer these internationally intended parents packages that are intended to suit their particular surrogacy needs. The surrogacy cost that will be given to the intended parents will usually cover one or more of the following treatment procedures:

• The screening process and the tests that the surrogate mother will undergo
• The ovulation induction that will be done on the surrogate before the embryo transfer, as well as all the medication and injection costs
• In the case of gestational surrogacy, the egg and the sperm retrieval process, and the in vitro fertilization will be required before the embryo transfer
• The logistics involved in the retrieval of donor eggs or sperm, the testing and the subsequent storage of any created embryo.
• The entire procedure of the embryo transfer into the uterus of the surrogate
• The expenses of the surrogate during the entire pregnancy process, including the costs of medical and antenatal care
• The costs of the delivery of the child
• The costs of the legal procedures required for the entire process, from the contractual agreement in the beginning to the transfer of parental rights to the intended parents at the end

Surrogacy regulations in Kenya

The surrogate rights in Kenya are still not concrete, as they face changes depending on the current issues encountered. This means that there are no established guidelines that regulate the practice in Kenya. The recognized surrogacy law in Kenya which has been in place since 2008, states that any woman can be a surrogate if she so desires and that she would receive financial compensation for any pregnancy that she may carry for another person. The regulation also requires that the woman be married with children or must have had a child previously before entering into the surrogacy agreement.

Benefits of surrogacy in Kenya 

There are a lot of benefits to international intended parents who seek surrogacy in Kenya. The financial affordability of the procedure is one of the main ones. The social acceptance and legal protection of the surrogate is another strong benefit of the treatment. Some other benefits include:

• Freedom for gay couples to seek surrogacy
• The high surrogacy success rate in the country
• The ease with which cross-border or transnational surrogacy can be accessed in the country