Safeguarding the best interests of the child in surrogacy arrangements in Kenya

Date
2021-01
Authors
Njane, Christine Wamere
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Publisher
Strathmore University
Abstract
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.
Description
Families are considered to be the basic unit of every society. In sub-Saharan Africa, children remain the symbol of pride for couples and families in general. They are seen as a sign of couples’ completeness and future investments. It is therefore not surprising to see couples who are unable to conceive doing everything possible, including the use of conventional and unconventional means to bear children.3 This innate desire to bear children is instinctive, cognitive, and constitutes a wish to perpetuate oneself and to pass heirloom to a genetic offspring.
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