Addressing the legal void: developing legal recommendations for surrogacy arrangements in Kenya

Abstract

The issue of surrogacy in Kenya has emerged from a complex interplay of legal ambiguity as well as social vulnerability. Surrogacy has been practised in Kenya since at least 2008, however there is no formal legal framework that surrounds it. Although the law allows any woman to act as a surrogate mother if she consents, it does not provide regulation of how the practice ought to be conducted by the parties involved. Investigating this problem aims to address several critical issues that affect how the practice is carried out and the effects of the practice to the parties that are involved. These issues may have arisen because the law does not fully recognise the practice. By relying on the liberal feminist theory as the main theory as well as doctrinal methodology, the study has emphasised the need for a balanced regulatory environment that safeguards human rights while addressing the need for a framework to govern the concerned parties in making their arrangements.