Safeguarding the best interests of the child in surrogacy arrangements in Kenya
Njane, Christine Wamere
MetadataShow full item record
The practice of surrogacy is a living reality for a lot of people world over. It has been an appealing option for a lot of desperate couples and individuals who wish to have their own children despite not being able to naturally. In Kenya, a lot of women who enter into surrogacy arrangements do so out of economic desperation; and therefore, risk objectifying their wombs and the resulting children. Children, however, are the most vulnerable in such arrangements because they do not have a voice; their welfare often left to play second fiddle to that of the contracting parties; the inadequacy of legislation governing the practice of surrogacy only exacerbates the situation. The status of the law exposes children to ‘limping parentage’, statelessness, abandonment by the contracting parties, identity crisis, and psychological problems, with limited opportunities for legal recourse.