Surrogacy for Single Fathers

Surrogacy is a type of assisted reproductive technology where a woman agrees to deliver a baby for another individual or a couple. The woman carrying the pregnancy is called a surrogate mother, while the individual or couple that will assume parenthood of the baby is referred to as the intended parent or parents. Surrogacy is not a straightforward procedure, even for single fathers; it requires a lot of involvement from all the parties involved. The process will require years of planning and months before the intended parents can eventually have their baby. Due to this, the intended parents should ensure that they plan adequately for the process in such a way that all the involved parties are satisfied. This will include legal advice, financial involvement, extensive counselling, and psychological and mental assessment.

What are the types of surrogacy?

There are two generally recognized types of surrogacy. There is the traditional or altruistic type of surrogacy. This is where the surrogate gets pregnant using her eggs through artificial insemination with sperm from the intended father. This type of pregnancy ensures that there is a genetic relationship between the surrogate and the baby. This type of surrogacy is not popular or widely practised due to the complications that may arise from the genetic relationship between the surrogate and the baby. 

The second type of surrogacy is the gestational or the commercial type of surrogacy. In this type of surrogacy, the eggs and the sperm that will be used in the embryo creation are obtained from the intended parents or donors. After the creation of the embryo in the lab, it is grown for a few days before being transferred into the uterus of the surrogate. This ensures that there is no genetic relationship between the surrogate and the baby, removing the possibility of any legal complications that may arise.

Surrogacy Regulations

Surrogacy is a controversial medical procedure, which is regulated differently in different countries. In some countries like India, the practice is strictly banned. In other countries like Russia and Georgia, the practice is guided by strict regulations. In some countries like Australia and Canada, only the traditional form of surrogacy is allowed. In other countries like Greece, traditional surrogacy is banned, and only gestational surrogacy is allowed. In countries like Cyprus, Nigeria and Kenya, there are no specific laws addressed to surrogacy, which makes the practice difficult to regulate in those countries.

Surrogacy in Kenya

Kenya has been a very popular destination for surrogacy in Africa. The lack of clarity in their surrogacy laws makes the regulation of the practice difficult. This also contributes to a lot of abuse of the medical procedure. However, Kenya has been offering affordable surrogacy treatments for couples and individuals who cannot have their children for one reason or another. They even have medical health travel agencies or meditour agencies who offer overseas medical treatment for international couples who want to seek to have their surrogacy babies in Kenya. This practice contributes greatly to their health tourism or medical tourism industry. The use of surrogate mothers in Kenya has been regulated by the government to ensure that all the parties maintain a safe and healthy environment for all the parties involved. All the surrogate mothers undergo mandatory tests for HIV, Hepatitis B and C. The women would also have to be mandatorily married with children or be single mothers.

Are there any laws regarding surrogate rights in Kenya?

Surrogate rights in Kenya is a new concept still under development. This is because there are no well-defined surrogacy laws and no clearly established guidelines. In Kenya, the surrogacy laws that have been in place since 2008, make it clear that any woman could be a surrogate mother if she agrees to it and that she would receive money for every pregnancy that she bears for another person. Under the law, the surrogate mother must also be married or maintain a steady relationship with the intended father for a minimum of three years before giving birth to the intended child. 

Can a single father seek surrogacy in Kenya?

Kenya is famous for their cheap and affordable surrogacy for single individuals. The surrogacy law in Kenya is tolerable towards couples or individuals who seek to build a family.

What are the benefits of surrogacy in Kenya?

There are many advantages to having a surrogacy procedure in Kenya, including improved health and happiness of the surrogate mother and child, financial affordability for the intended parents, social acceptance and legal protection for the surrogate mother. Some other advantages include:

• Gay couples can seek surrogacy in Kenya without discrimination
• The country has a high surrogacy success rate
• Cross-border or transnational surrogacy is easily accessible in Kenya
• Kenya offers affordable surrogacy

What is the cost of surrogacy in Kenya?

Since Kenya is a developing country, it offers comparatively cheaper surrogacy costs. The country is one of the few countries globally where gestational surrogacy is available to same-sex couples and international intended parents. The country’s financial condition and lack of jobs also contribute to pressing young women to actively participate in being surrogate mothers. Also, the cost of living in Kenya is very low when compared to developed countries, which makes compensation for the surrogacy expenses comparatively inexpensive as well. 

The total cost of surrogacy in Kenya will be dependent on various factors. However, the range is 30,000-50,000 dollars, depending on the additional fertility services that are required. The fertility clinics or medical travel health agencies provide intended parents with different surrogacy packages to suit their individual needs. Depending on the package, the surrogacy cost will cover the following:

• Screening and testing of the surrogate mother
• Ovulation induction medication and injections
• Egg retrieval and sperm collection
• Arrangement and management of donated sperm, eggs, or embryos 
• IVF procedure
• Embryo transfer to the surrogate uterus
• Expenses of the surrogate and all medical charges of the pregnancy
• Delivery of the child
• Legal work and requirements of the entire surrogacy process.