INSIGHTS

The Assisted Reproductive Technology Bill, 2022

The purpose of the proposed Act is to provide a framework for the protection and advancement of assisted reproductive technology services for every person.

Introduction

Introduction

In a world where couples and individuals struggle with infertility and the conception of a child through natural means, the Assisted Reproductive Technology Bill, 2022 comes in to regulate the upcoming area of Assisted Reproduction and facilitate the implementation of the right to the highest attainable standard of health as per the Constitution of Kenya, 2010 which includes reproductive health care.

The main objective and purpose of the proposed Act is to provide a framework for the protection and advancement of assisted reproductive technology services for every person.

The Act caters to the following assisted reproduction technology services;

  1. Diagnostic and Screening;
  2. Endoscopic Surgery;
  3. Intra-uterine insemination;
  4. In-vitro fertilization;
  5. Intracytoplasmic sperm injection;
  6. Cryo-preservation;
  7. Pre-implantation genetic screening;
  8. Pre-implantation genetic diagnosis;
  9. Onco-fertility;
  10. Egg and Sperm donation; and
  11. Surrogacy.

Understanding Regulations for Assisted Reproduction

The Bill outlines the regulations for assisted reproduction procedures in Kenya. The regulations cover a wide range of issues related to assisted reproduction, such as the eligibility of donors, storage of gametes and embryos, number of embryos that can be planted in a woman, settling disputes, maintenance of records, rights and duties of patients and donors, giving of consent, number of children that may be created from one donor’s gametes, terms and conditions of licenses, qualifications for licenses, information to be provided in applications, identification and labeling of reproductive materials and embryos, collection and use of information, counseling services, and research.

These regulations aim to ensure that assisted reproduction procedures are carried out safely and ethically, protecting the rights of patients and donors while providing guidance for practitioners and facilities providing assisted reproduction services.

Key Insights at a Glance

Before authorizing anyone to perform procedures on the premises, the Directorate must first inspect and provide a report.
Government agencies may request the Directorate for information related to the paternity of a child
The bill specifically prohibits individuals from intentionally ensuring or increasing the probability that an embryo will be of a particular sex or identifying the sex of an in vitro embryo, except for the diagnosis, prevention, or treatment of a sex-linked disorder or disease.

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