Anonymous sperm donation in Kenya: advocating for proper regulation to safeguard the principle of the best interest of the child

Abstract

Anonymous sperm donation is a widely practiced but ethically nuanced component of Assisted Reproductive Technology (ART), raising critical concerns about the rights and well-being of donor-conceived individuals. In Kenya, the absence of a comprehensive legal framework regulating sperm donation exposes these children to considerable risks, including identity deprivation, restricted access to genetic and medical history, and the potential for accidental incest. Central to this issue is the principle of the Best Interests of the Child (BIC), a cornerstone of international human rights law that remains insufficiently protected in the context of ART. This study examines the legal and ethical challenges surrounding anonymous sperm donation in Kenya and advocates for the development of a regulatory framework that balances the rights of all stakeholders while prioritizing the welfare of donor-conceived children. Utilizing a qualitative methodology, the research incorporates legal analysis, case studies, and comparative reviews of international best practices, with a particular focus on South Africa’s progressive regulatory approach to ART. The findings reveal a critical tension between maintaining donor anonymity and upholding a child’s fundamental right to know their genetic origins—an essential factor in identity formation, psychological well-being, and access to vital health information. While anonymity has historically been safeguarded to encourage sperm donation, evolving legal and ethical norms increasingly emphasize transparency and the rights of donor-conceived individuals, challenging traditional practices. To address these complexities, this paper proposes a structured regulatory framework incorporating donor tracking systems, limitations on the number of offspring per donor, and mechanisms granting donor-conceived individuals access to essential genetic and medical information. As a signatory to international human rights treaties, Kenya has both a legal and moral responsibility to align its reproductive laws with global best practices.