‘The final door to future parenthood’: the need for a fair balance between the procedural and substantive justice in in vitro fertilization (IVF) and patient consent in Kenya.

Abstract

Assisted Reproduction Technologies is a fairly new concept in Kenya especially when it comes to In Vitro Fertilisation (IVF). In Kenya today, IVF is an emerging area with approximately 2,000 babies born from the procedure. 1 However, there is no judicial scrutiny on the processes in IVF procedures especially on the cryopreservation of pre-embryos after fertilisation. This study aims to bridge the gap between consent forms and the disposition of embryos in IVF procedures. The issue of disposition of embryos brings the debate on the personhood verses the contractual approach which this study shall address. This will be done through academic commentaries and natural jurisprudence. Furthermore, this study will view plausible approaches that various jurisdictions have used to address this issue. Lastly, the study will conclude with recommendations guided by Article 26 of the Constitution of Kenya.