Report Of The Health Committee On Assisted Reproductive Technology Bill

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Table of Contents

| LISTOFABBREVIATIONS | LISTOFABBREVIATIONS | 2 | |-----------------------------------------|---------------------------------------------------------|-----| | PRELIMINARIES | PRELIMINARIES | 3 | | Establishment andMandateofthe Committee | Establishment andMandateofthe Committee | 3 | | Committee Membership | Committee Membership | 3 | | CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | 4 | | CHAPTER ONE | CHAPTER ONE | 6 | | 1. | INTRODUCTION | 6 | | 1.1. | Objectives of the Bill. | 6 | | 1.2. | TheProblem that theBill Seeks to Cure | 6 | | 1.3. | OverviewoftheBill | 7 | | 2. | STAKEHOLDERSUBMISSIONS | 11 | | 3. | COMMITTEEOBSERVATIONSANDRECOMMENDATIONS | 32 | | 3.1. | Committee Observations | 32 | | 3.2. | Committee Recommendations and CommitteeStage Amendments | 34 |

LISTOFABBREVIATIONS

ART

AssistedReproductiveTechnology

CEDAW

Convention on the Elimination of All Forms of Discrimination AgainstWomen

CRA

CommissionforRevenueAllocation

CRR

Centre for Reproductive Rights

HoAYN

Hornof AfricaYouthNetwork

ICASM

International Coalition for the Abolition of Surrogate

Motherhood

IVF

In-vitro Fertilization

KOGS

Kenya Obstetrical and Gynecological Society

MoH

Ministry of Health

PLMT

ProtectingLifeMovementTrust

SDG

SustainableDevelopment Goals

PRELIMINARIES

Establishmentand Mandateof the Committee

The Standing Committee on Health is established pursuant to standing order 228 (3) and theFourthScheduleof theSenateStandingOrders andismandated toconsider allmattersrelatingtomedicalservices,publichealthandsanitation.

Pursuant to Standing Order 228(4), the Committee is specifically mandated to-

• 1)investigate,inquire into,and report on all matters relating to the mandate, management,activities,administrationandoperationsoftheMinistryof Healthanditsdepartments;
• 2)studytheprogrammeandpolicyobjectives of theMinistry ofHealth and its departments,andtheeffectivenessoftheimplementationthereof;
• 3)studyandreviewalllegislationreferredtoit;
• 4)study, assess and analyze the success of the Ministry of Health and departmentsassignedtoitasmeasuredbytheresultsobtainedascompared withtheirstatedobjectives;
• 5)considertheBudgetPolicyStatementinlinewiththeCommittee'smandate;
• 6 reportonallappointmentswheretheConstitutionoranylawrequiresthe Senatetoapprove;
• 8 considerreportsofCommissionsandIndependentOfficessubmittedtothe Senatepursuant totheprovisionsofArticle254oftheConstitution;
• makereportsand recommendationstotheSenateasoften aspossible, includingrecommendationsforproposedlegislation;
• examineanystatementsraisedbySenatorsonamatterwithinitsmandate;and 10)followupandreportonthestatusofimplementationofresolutionwithinits mandate;and
• 11)followupandreportonthestatusofcommitmentsmadebytheCabinet SecretariesintheirresponsetoquestionsunderStandingOrder51C

Committee Membership

The Committee is comprised of the following members-

1. Sen. Jackson K. Arap Mandago, EGH, MP

Chairperson

• 2.Sen. Mariam Sheikh Omar, MP

Vice-Chairperson

• 3.S Sen. Justice (Rtd.) Stewart Madzayo, EGH, MP -

Member

• 4.S Sen.Ledama Olekina,CBS,MP

Member

• 5.S Sen.Richard Onyonka,MP

Member

• 6.S Sen.Tabitha Mutinda,CBS,MP

Member

• 7.Sen.HamidaKibwana,MP

Member

8. Sen. Joseph Githuku Kamau, MP

Member

9. Sen. Vincent Kiprono Cheburet Chemitei, MP

Member

CHAIRPERSON'SFOREWORD

The Assisted Reproductive Technology Bill, 2022(National Assembly Bills No.61 of 2022) was published in the Kenya Gazette Supplement No. 201 of 2022 on 16th December, 2022, passed by the National Assembly with Amendments on Tuesday 11th November, 2025. Thereafter, the Bill was referred to the Senate for consideration.The Bill was introduced in the Senate by way of First Reading on 4th December, 2025 and thereafter stood committed to the Committee on Health for consideration.

of assisted reproductive technology services, prohibit certain practices in connection with assisted reproductive technology, regulate surrogacy arrangements, protect the rights of parents, surrogate mothers, donors and children born through assisted reproductive technology, and establish an institutional framework for the licensing and oversight of assisted reproductive technologyfacilities.

In accordance with the provisions of Article 118 of the Constitution and standing order 145 (5) of the Senate Standing Orders, the Committee through public advertisementsthatappearedintheDailyNationandStandardnewspapersthat appeared on Friday, 19th December, 2025 invited the interested members of public to submit any representations that they may have on the Bill by way of written memoranda.The memoranda were tobe received by theSenate on or before Friday, 23rd January, 2026 at 5.00 p.m.

At the close of public participation period, the Committee received written memoranda from twenty -five (25) different stakeholders, including the Ministry of Health, the Kenya Obstetrical and Gynecological Society (KOGS), The Cradle - The Children Foundation,the Centre for Reproductive Rights, the Protecting Life Movement Trust,the Strathmore Institute of Family Studies and Design,the International Coalition for the Abolition of Surrogate Motherhood (ICASM), the Horn of Africa Youth Network (HoAYN), La Manif Pour Tous, the Casablanca Declaration signatories, individual medical practitioners, embryologists, advocates, and civil society organizations. These submissions and proposed amendments were prepared into a comprehensivematrixfor Committee consideration.

Upon deliberation,the Committee observed that Kenya currentlylacks a comprehensive legislative framework governing assisted reproductive technology despite the technology being in use. The unregulated practice therefore leaves patients, practitioners, children born out of assisted reproductive technology procedures and surrogate mothers without adequate legal protection.

There is no comprehensive national registry tracking the total number of children born fragmented, drawn from individual clinic reports, regional registries and academic studies. Further, there is no legal framework requiring clinics to report outcomes and majority operate without mandatory reporting.

In other similar jurisdictions, the most common approach is a requirement that every licensed ART clinic report cycle data and outcomes, including live births, to a central body. With the foregoing, each country balances two competing imperatives; the need to collect detailed data on ART treatments and births for safety monitoring, and the obligation to protect the privacy of patients, donors and children.

The Committee further noted that, currently, according to the Kenya Association of Urological Surgeons, approximately 10 to 15 percent of couples in Kenya are unable to conceive naturally, underscoring the urgent public health need for regulated Assisted Reproductive Technology services as a treatment for infertilityinKenya.

It was further observed that nonetheless, there is no explicit licensing or registration regime for surrogacy agencies or facilitators as distinct from ART clinics; no regulation of escrow or financial intermediaries handling surrogacy funds; no specific provisions on online platforms or advertisements soliciting surrogacy; and no specific requirementforintermediaries to maintainidentityrecordsfor children'sfuture access toorigins.

As I conclude,I wish to sincerely thank the Office of theSpeaker and the Officeof the Clerk of the Senate for the support extended to the Committee in execution of its mandate. I also wish to extend my gratitude to the Committee members for their diligence, commitment and insightful contributions throughout consideration of this Bill.

It is now my pleasant duty, pursuant to standing order 148 (1) of the Senate Standing Orders, to present the Report of the Standing Committee on Health on its consideration of the Assisted Reproductive Technology Bill, 2022 (National AssemblyBillsNo.61of 2022).

ym

?

Signed

..Date.

SEN.JACKSONK.ARAPMANDAGO,EGH,MP, CHAIRPERSON,STANDINGCOMMITTEEONHEALTH.

1.INTRODUCTION

• 10 The Assisted Reproductive Technology Bill, 2022 (National Assembly Bills No. 61 of 2022)was published in the Kenya Gazette Supplement No.201 of 2022 on 16th December, 2022 and passed by the National Assembly on 11"h November, 2025.
• 2) The Bill was introduced in the Senate by way of First Reading on 4thDecember, 2025 and thereafter stood committed totheStandingCommittee onHealth for introduced to theSenate and theBill Digest are attached to thisreport asAnnex 2 and3.
• 3) In compliance with the provisions of Article 118 of the Constitution and Standing Order 145(5)of the Senate Standing Orders,the Committee proceeded to undertake public participation on the Bill.In this regard, the Committee published an advertisement in the Daily Nation and Standard newspapers on 19th December, 2025invitingmembersofthepublictosubmitwrittenmemorandatothe attachedtothisreport asAnnex4.
• 4 At the close of public participation period, the Committee received written memoranda from twenty -five (25) different stakeholders. These submissions and proposed amendments were prepared into a comprehensive matrix for Committee consideration.The matrix of stakeholder submissions is attached to thisreport as Annex5.

1.1.ObjectivesoftheBill

• 5)The principal object of the Bill is to provide a legal framework for the provision of assisted reproductive technology services, prohibit certain practices in connection with assisted reproductive technology, regulate surrogacy arrangements,protect the rights of parents,surrogate mothers, donors and children born through assisted reproductive technology, and establish an institutional framework for the licensing and oversight of assisted reproductive technology facilities.

1.2.TheProblemthattheBillSeekstoCure

• 6) Assisted Reproductive Technology ("ART") refers to all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte (egg) outside the human body and transferring the gamete or the embryo into the reproductive system of a woman. These techniques include in-vitro fertilization ("IVF"), intracytoplasmic sperm injection, intra-uterine insemination, cryo-preservation, pre-implantation genetic screening and diagnosis, gamete and embryo donation, and surrogacy.

CHAPTERONE

• 7 Infertility is a significant public health concern affecting manyKenyan couples and individuals.According to the Kenya Association of Urological Surgeons, about 10 - 15% of couples in Kenya are unable to conceive. In Kenya, there has been a growingdemandfor assisted reproductive technologyservices as a solution to infertility problems yet there exists no legal framework specifically addressing the provision,regulation, and ethical considerations of these services.Lack of regulation of ART services has led to unclear legal status of childrenborn through surrogacy, exploitation of surrogate mothers through commercial surrogacy arrangements,lack of protection for gamete donors and recipients, absence of guidelines on the storage and disposal of gametes and embryos, and inadequate safeguards against unethical practices such as sex selection and human cloning.
• 8 Currently, there is no specific legislation in Kenya that comprehensively addresses assisted reproductive technology. The legal landscape is governed by fragmented provisionsinvariouslawsincludingtheConstitutionofKenya 2010particularly Article 43(1)(a) on the right to health, the Health Act Cap. 241 and the Children Act Cap. 141.
• 9 TheBill is anchored in Article 43(1)(a)of the Constitution which guarantees every individual the right to the highest attainable standard of health, including reproductive health. The Bill seeks to fill the legislative gap by establishing a comprehensive framework that ensures access to qualityART services while protecting the rights and dignity of all parties involved, particularly children born through ART processes and surrogate mothers. The Bill also aligns Kenya with international best practices in reproductive medicine and bioethics.

1.3.OverviewoftheBill

• 10) The Bill provides for the regulation of assisted reproductive technology in Kenya, including licensing of ART facilities and practitioners, the provision of ART services, surrogacy arrangements, rights of parents, surrogates, donors and children, prohibited activities and practices, storage and disposal of gametes and embryos, access to information, record-keeping and penalties for violations.
• 11) Clause 5 of the Bill mandates the Kenya Medical Practitioners and Dentists Council toestablishanAssistedReproductiveTechnologyCommitteetooversee theimplementationoftheAct.
• 12) Clause 6 sets out the functions of the Council,which include -

4. (a) developing standards, regulations and guidelines on assisted reproductive technology; 5. (b) )advisingtheCabinetSecretaryonmattersrelating tothetreatment andcare of persons undergoing assisted reproductive technology; 6. (c)promoting research on the conduct,controlandtreatment of assisted reproductivetechnology; 7. (d) developing programs for awareness creation on the methods of assisted reproductivetechnologytreatment; 8. (e) prescribing minimum requirements for the physical infrastructure of ART clinics; 9. prescribing minimum educational requirements for ART experts and embryologists; 10. g inspecting and accrediting facilities for training of experts and embryologists;

• h) maintaining and making available to thepublic a register of all licensedART facilities, experts and embryologists;

12. (i) granting, varying, suspending and revoking licenses; 13. keeping under review information about embryos and their subsequent development; 14. (k)p providing advice and information to persons receiving ART treatment; 15. (m) establishing and maintaining a confidential national database on persons 16. (l)disseminating information to the public on reproductive health; 17. n performing such other functions as may be necessary for carrying out the functions of the Council.

• 13) Clause 7mandates the CabinetSecretary to-

19. (a)putin place thenecessarymechanisms andinfrastructureto ensure access to the highest attainable standard and quality of cost-effective assisted reproductive technology services; 20. (b) provide adequate resources necessary to ensure access to quality ART services; 21. ()provideregulationstoensureassistedreproductionhealthservicesare Authority; and 22. (d) collaborate with county governments in expanding and strengthening the access anddeliveryofassistedreproductivehealthservices. 23. 14)Clause8mandateseachCountyGovernmentto- 24. (a) allocate in the county budget the funds necessary for the provision of quality,cost-effectiveassistedreproductivetechnologyservices inthe county health systems; 25. b reproductive health care services; 26. ? carryoutsensitizationprogrammes relatedtoassistedreproductive technology;and 27. (d) establish linkages with local and international development partners to mobilize funding to promote the delivery of quality ART services.

• 15) The Bill prohibits several activities to ensure ethical practice and protect human dignity. Clauses 9-20 of the Bill prohibits -

29. (a) creating, keeping or using embryos except as provided under the Act;

• (b)use of human reproductive material without written informed consent;
• ()posthumous use of reproductive material without priorwritten consent;
• (d)undertaking ART for purposes other than human procreation;
• (e) undertaking ART for experimental purposes aimed at modifying the human race;
• placing non-human embryos or gametes in a woman;
• (g) obtaining gametes from children except for medical reasons with informed consent;
• (h) keeping or using non-human embryos;
• i placinghumanembryosinanimals;
• anyformofhumancloning;
• (k) mixing human gametes with live animal gametes;
• (m) a surrogate mother entering into surrogacy agreements more than three times;
• 1 donating gametes or embryos more than ten times;
• (n)commercial surrogacy and relatedpractices
• 16) Violations of these provisions carry penalties of fines not exceeding five million shillings orimprisonmentfor terms not exceeding fiveyears orboth.Commercial surrogacyviolations carryharsherpenaltiesofuptotenmillion shillings or ten years imprisonment.
• 17) Clauses 21-37 of the Bill establish rights and obligations of all parties involved in theuseofARTservicesasfollows-
• (a) Right to Access ART Services: Every person has the right to access the highest standard and quality of attainable and cost-effective assisted reproductive technology services provided by qualified experts licensed by the Council.
• (b) Informed Consent: ART experts must obtain prior informed and written consent from all parties before providing any ART service. The consent mustincludeprovisions on ownership ofgametes,number of gametes tobe implanted, and what should be done with gametes in case of death, incapacity, abandonment, dispute, divorce or separation.
• (c) Rights of Children: A child born out of assisted reproductive technology shall have the samelegal rightsunder the Constitution and anyother written law as a child born through natural conception. The Bill ensures children born through ART are not discriminated against and have full legal parentage rights.
• (d) Surrogacy Arrangements: The Bill permits only altruistic surrogacy (where no charges,fees or monetary incentive except medical expenses are given tothe surrogate mother).Awomanmayconsent tosurrogate motherhood if she has attained the age of 25years,is below 45years,has given birth to at least one child, understands the rights and obligations under asurrogacyagreement andhasundergonecomprehensivementaland physical health assessments.

• (e) Surrogacy Agreements: Must be in writing, signed by all parties, entered into within Kenya and include provisions for the contact, care, upbringing and general welfare of the child. The agreement must be witnessed by at least two witnesses from each party and represented by separate independent advocates. The Council must carry out pre-approval checks including medical assessments, counseling and verification that appropriate insurance is in place.
• Leave Provisions: The Bill provides for three months leave for surrogate mothers, three months maternity leave for intended mothers, and two weeks paternity leave for intended fathers.
• (g) Prohibition on Sex Selection: The Bill prohibits any act to determine the sex of a child to be born through assisted reproductive technology.
• 18) Clauses 43-54 establish a licensing system for persons intending to carry out ART services. The Bill among others, makes the following provisions -
• (a) No person shall carry out assisted reproduction unless issued with a valid license by the Council;
• (b) Applications must be made in duplicate with prescribed fees;
• (d) Licenses may have conditions attached including supervision requirements, record-keeping, prohibition on payment for gametes/embryos, and regular reportingtotheCouncil;
• (c) The Council shall inspect premises before granting licenses;
• (e) Specific conditions apply to storage of gametes and embryos including safety, security, labeling, and maintenance of registers;
• () The Council may revoke licenses for false information, unsuitable premises, failure to discharge duties, professional malpractice, or conviction of offences;
• subsequently to theHigh Court; and
• (h) The Council may temporarily suspend licenses for up to three months where there are reasonable grounds to suspect non-compliance
• 19) Clauses 38-42 provide for access to information by mandating the Council to persons who undergo ART processes, donors of embryos and gametes, persons conceived through ART, and disposal of gametes or embryos. The Bill provides that the information shall be protected and maintained confidentially in accordance with data protection and privacy laws. The Bill further provides for the preservation of the records for a period of 25 years.
• 20) The Bill also provides that persons who have attained 18 years may request information on whether they were conceived through ART and whether a proposedmarriagepartnermightbearelative.Itmusthoweverbenoted that minors may only access information where necessary for medical procedures.

The Bill also allows government agencies to request information for purposes of verification of paternity.

• 21) The law prohibits the members and employees of the Council from disclosing confidential information except in prescribed circumstances.

2. 22)Clause 58 empowers the Cabinet Secretary,in consultation with the Council, to make regulations for the better carrying out of the provisions of the Act, including regulations on eligibility of donors, storage of gametes and embryos, number of embryos that canbe transferred,disputeresolution,maintenance ofrecords,rights and duties of patients, donors, surrogates and children, informed consent procedures, licensing terms and conditions, and counseling services.

• 23) The Bill, once enacted, will establish a legal and institutional framework for assistedreproductive technologyinKenya.It will ensure that—

4. (a) Every person has access to quality, affordable and ethical assisted reproductive technology services provided by licensed and qualified professionals; 5. (b) Children born through assisted reproductive technology have full legal rights andprotectionequal to thosebornthroughnatural conception; 6. (c)Surrogatemothersareprotectedfrom exploitation through theprohibition of 7. (d) Clear legal parentage is established for children born through surrogacy, reducing disputes and providing certainty; 8. Unethicalpractices such ashuman cloning,sex selection,and commercial surrogacy are prohibited and penalized; 9. e Donors andrecipients of gametes and embryos areprotected through consent requirements, confidentiality provisions, and regulated storage practices; 10. (g) Comprehensive standards andguidelines are establishedfor theprovision of ART services; 11. Adequate resources are allocated at both national and county levels for the provision of ART services; and 12. (h) There is a proper licensing system ensuring only qualified facilities and practitioners provide ART services; 13. G )Health insurance, including the Social Health Authority, covers assisted reproductionhealth services

• 24) The Bill will promote reproductive health rights in line with Article 43(1)(a)of the Constitution,reduce infertility through improved access to treatment,protect vulnerable parties from exploitation, establish Kenya as a regional leader in regulated and ethical assisted reproductive technology, and provide legal certainty for families created through assisted reproductive technology.

CHAPTERTWO

2.STAKEHOLDERSUBMISSIONS

• 25)This Chapter sets out the Committee's analysis of theAssisted Reproductive Technology Bill (National Assembly Bills No. 61 of 2022), as passed by the National Assemblyon 11h November 2025,together with thesubmissions receivedfrom stakeholders during the public participation process.
• 26)The Committeereceivedwritten and oral submissions from a total of twenty-five (25) stakeholders, including professional medical bodies, civil society organizations, religious and faith-based organizations, legal practitioners, patient advocacy organizations, youth networks, and individual citizens.A summary of the submissions is provided below.

TITLEOFTHEBILL

• 27)TheMinistryofHealth(MOH)submitted that thetitleof theBillshould be Reproductive Health Act." The MOH's justification is that the Bill's scope goes beyond technology to encompass broader health aspects relating to assisted reproduction.

DEFINITIONS(CLAUSE2)

Definition of"Embryo"

• 28) The Ministry of Health(MOH) proposed that the definition of "embryo"be amended to read:"a developing or developed organism after fertilization till the endof fifty-six daysfrom thedayoffertilization."TheMOH'srationaleisthat this definition alignswithestablishedscientific and medical standards.

Definitionof"PrimitiveStreak"

• 29)The World Youth Alliance Africa submitted that the"primitive streak"should be removed as the threshold for legal protection of an embryo. The World Youth Alliance noted that Article 26(2) of the Constitution of Kenya provides that life begins at conception,and therefore thelegalprotection of the embryo should commence from fertilization, not from the appearance of the primitive streak.
• 30) The Kenya Obstetrical and Gynecological Society (KOGS) proposed that the word "services" be replaced with "procedures" throughout the Bill where applicable. KOGS submitted that ART encompasses specific medical procedures and that the term"procedures"is more clinically precise.

"Services" versus "Procedures"

Definition of "Endoscopic Surgery"

• from the Bill,on the grounds that it is not specific to assisted reproductive technology and its inclusion creates confusion in an ART-specific statute.

Definition of "Traditional Surrogacy"

• 32)KOGSsubmitted that a definitionof"traditionalsurrogacy"beinserted inClause 2. KOGS noted that the Bill regulates gestational surrogacy but does not define or expressly address traditional surrogacy, creating a legislative gap.

"Coitus"versus "Sexual Intercourse"

• intercourse" throughout the Bill.The justification offered was that "sexual intercourse" is the standard legal term consistent with usage in other Kenyan legislation.

Definition of "Sperm"-Deletion of "Mature"

• 34) KOGS also proposed that the word "mature" be deleted from the definition of unnecessary and potentially misleading,as sperm at various stages of development may be used in ART procedures.

"Surrogate Mother"versus"Person Acting as Surrogate"

• 35) The Centre for Reproductive Rights (CRR)proposed that the term "surrogate mother" be replaced throughout the Bill with the term "person acting as surrogate." CRR proposed the following definition: "Person acting as surrogate means an adult person, not an intended parent, who enters into a surrogacy agreement to bear a child who will be the legal child of the intended parent or parents." The justification offered is that the term "surrogate mother" is conceptually problematic as it implies a maternal relationship that the Bill seeks to vest in the intended parent(s).

Definition of"Child"-ProtectingLifeMovementTrust

• 36)TheProtectingLifeMovement Trust(PLMT)submitted that thedefinition of "child"" should be amended to cover an embryo even before it is introduced into thesurrogate'swomb.PLMT'spositionis that this would ensurethat theBill's protective provisions extend to all stages of the child's development from fertilization.

Definition of"Couple"

• 37) TheProtecting LifeMovement Trust (PLMT)further submitted that the definition of"couple"should be amended to mean"a male and a female who are married under the lawsof Kenya." The PLMT's rationale is to align theBill with the constitutional definition of marriageunder Article 45 of the Constitution.

Proposed New Guiding Principles (New Clause after Clause 4)

• 38)The Cradle,the Children Foundation indicate that the Bill currentlylacks an overarching statement of guiding principles to direct the interpretation and implementation of its provisions, particularly with respect to the best interests of children born through ART.

ART TechnicalandBioethics Committee(Clause5/ Governance)

• 39) The Ministry of Health (MOH) submitted that an independent ART Technical and BioethicsCommitteeshouldbeestablisheddirectlyundertheMinistryofHealth. TheMOH'sjustificationisthatsuchacommitteewouldprovideindependent technical and bioethical oversight of ART practices in Kenya, which is not adequately provided for under thegovernance structureproposed in theBill.

ACCESSTOARTSERVICES

• 40)TheStrathmoreInstituteforFamilyStudiesandEthicssubmittedthatthe language conferring a"right to ART" in Clause 22 should be replaced. The StrathmoreInstitute's justification is thatframing access toART as a right creates obligations that may conflict with medical ethics,clinical judgment and the interests ofthechild tobeborn.TheStrathmoreInstitute argued that theprovision should be re-framed to regulate access rather than to confer an unqualified right.
• 41) MuganeKaburi submittedthatClause22shouldinclude arobust nondiscrimination provision to ensure that no person is denied access to ART services ongroundssuch as disability,marital status or other protected characteristics.The justification offered is that the Bill in its current form may permit discriminatory denialofaccesstoARTservices.
• 42) TheHorn of AfricaYouthNetwork(HoAYN)submitted that theBill should explicitly recognize ART services as an integral component of the right to health under Article 43 of the Constitution. HoAYN further proposed that a clear nondiscriminationprovisionbeincluded guaranteeingequitable accessirrespectiveof marital status, disability, socio-economic position or geographic location. The HoAYN alsosubmitted that theBill shouldbeharmonizedwiththe ChildrenAct (2022),Mental Health Act (2022) and Data Protection Act (2019).The justification is that ART services should be situated within Kenya's broader reproductive and public health obligations and in alignment with Article 27 of the Constitution, CEDA W and Sustainable Development Goals (SDGs) 3 and 5.

PosthumousUse of Gametes (Clause 11)

• 43) The Ministry of Health (MOH) submitted that posthumous use of gametes should befullyprohibited under theBill. TheMOH'sjustification is thatposthumoususe rights and interests of the child tobeborn and that allowing it would create unresolvable issues relating to consent, inheritance and parentage.

2. 44)TheWorldYouthAllianceAfrica submitted that strictnumerical limitsshould be imposed on the creation of embryos.TheWorldYouth Alliance's position is that the creation of surplus embryoswhosefateis uncertain or which maybe discarded raises profound ethical concerns, particularly in light of the constitutional protectionof lifefrom conception.

Funding and FinancingofARTServices(Clause8)

• 45) The Ministry of Health(MOH) submitted that the specificfunding obligations set out in paragraph(a)of Clause8 should be deleted.The MOH's justification is that the clause as drafted imposes prescriptive and potentially unworkable financial obligations on the Government.

2. 46)MuganeKaburisubmitted thatARTservicesshouldbeincluded intheessential benefits package under the Social Health Insurance Act, 2023 and that public subsidiesorpublicfundingshouldbeprovided forlow-incomeindividuals. Insurance coverage should be mandated for all ART participants. The justification is that the high cost of ART procedures creates significant barriers to access, perpetuating inequality and limiting reproductive choices for ordinary Kenyans. The Social Health Insurance Act,2023 establishes universal health coverage,but itisunclearwhetherARTservicesareincluded. 3. 47)TheHorn of AfricaYouthNetwork(HoAYN)submitted thattheBill should progressively explore mechanisms for subsidization or partial financing of ART services through public health financing frameworks,including the Social Health Insurance Fund(SHIF)and should invest in public health facilities tobuild institutional capacity for ART services.The justificationoffered is that ART services remainpredominantlyprivatizedandinaccessibletolow-income individuals, young people, and rural populations, reinforcing health inequities contrarytoArticle43andSDG10.

CONSENTPROVISIONS

• 48)TheStrathmoreInstituteforFamilyStudies andEthics submittedthat theconsent provisionsin Clause23should beexpanded toensure that allpartiesinvolved in ART procedures—including gamete donors, surrogates, and intended parentsprovidefree,prior and informed consent at every stage of theARTprocess.The StrathmoreInstitute'sjustification is that the current consent provisionsare insufficiently detailed to adequately protect all parties.
• 49) TheCommission on] RevenueAllocation (CRA) submitted general recommendations on consent, proposing that all instances of "informed consent" in the Bill be standardized to require written consent for consistency, given the sensitivityof the subject matter.TheCRA's justification is that inconsistent consent standards and repetitive or poorly worded consent provisions undermine legal certainty and ease of implementation.
• 50)TheHornofAfricaYouthNetwork(HoAYN)submitted that stringentconsent, eligibility, and compensation guidelines for surrogates should be introduced, with a mandate for psychosocial screening and access to continuous mental health and psychosocial support (MHPSS) for surrogates, donors, and commissioning parents. The justification is that in contexts of economic inequality, unregulated "altruistic"" surrogacy may still amount to indirect exploitation.

EMBRYOMANAGEMENT

Disposal and Donation of Embryos (Clauses 19-20)

• 51)TheStrathmoreInstituteforFamilyStudiesandEthicssubmittedthatthe provisions on disposal and donation of embryosunder Clauses19 and20treat embryos as property,which is ethically objectionable.The Strathmore Institute's position is that embryos,aspotential human life,should not be subjectto the same legal regime asproperty and that theBill should recognize this.
• 52) The Kenya Obstetrical and Gynecological Society (KOGS) submitted that the period for disposal of stored embryos under Clause 20(1)(a) should be reduced from ten (10) years to five (5)years.KOGS's justification is that a ten-year period burdens for ART facilities.

Embryo Storage and Perishing (Clause 48)

• 53) The MOH submitted that Clause 48,which provides that after the expiry of ten years, gametes or embryos will be allowed to perish where they remain unused, raisesaseriouspolicyconcernintermsofthedestructionofembryoswhich are alreadyviableforimplantation.TheMOHfurthernoted that theBilldoesnotset outclearlyhow theperishingwillbeeffectedwhether through destruction and submitted that some jurisdictionsmakeprovisionfor the donation ofembryosfor research for therapeutic purposes, an option that should be considered.
• 54) The Kenya Obstetrical and Gynecological Society (KOGS) submitted a series of amendmentstoClause48asfollows-

3. (a) Clause 48(2)(a): Replace "person"with "clinic,""on the ground that embryos are created, handled, stored and transferred within licensed clinical environments,not by individuals,and this reflects clinical reality and strengthensregulatory control. 4. (b) Clause 48(2)(d): Delete the sub-clause providing for priority for untransferred embryos in its entirety, on the ground that automatic "priority" is clinically inappropriate as embryo transfer decisions depend on medical readiness,consentandupdated clinical assessment. 5. (c) Clause 48(2)(e): Align the statutory storage period with amended Section longer than the statutory storage period provided under section 20(1)(a)." The justification is that consistency across the Act ensures clarity on storage durationandlawfulextensions.

EmbryoRegistry,Handling,SafetyandAudit NationalARTRegistryforGameteDonors

• 55)EugineShimoka submitted that all oocytes andembryosmust beregisteredwith a unique national identifier. Records should include: origin, consent status, storage location, usage, and disposal. Registry access should be limited but auditable by regulators. The justification is that there is a risk that embryos or oocytes from a patient's treatment cycle maybe retained withoutknowledge,reallocated as "donor embryos," or withheld while patients are falsely informed no viable embryos remain.Such acts constitute biological theft, medical fraud,and gross ethical violations.

Dual-Consent and Dual-Witness Embryo Handling

• 56) Eugine Shimoka submitted that any embryo freezing, transfer, donation or discard must require written patient consent and independent witnessing by twolicensed professionals,with severe penalties for undocumented embryo movement.The justification is that patients depend entirely on embryology reports they cannot independently verify and without such safeguards,records maybe altered or selectivelydisclosedtoconcealembryoretentionordiversion.

IndependentPatientEmbryoAudits

• 57)EugineShimokasubmitted thatpatientsmusthavealegalrighttorequest an independent embryology audit, , conducted by accreditedt third-party embryologists, with audit results provided directly to patients and regulators.The justification is that somefacilitiesmay avoid ethicaldonorrecruitment costsby recipients, which undermines informed consent and risks genetic, legal, and psychological harm.

Regulation of DonorEmbryoProgrammes

• 58) Eugine Shimoka submitted that proof of donor recruitment, screening, and consent must be documented,with an absolute prohibition on convertingpatient embryos intodonor embryos andcriminalliabilityfor misrepresentation of embryo origin. The justification is that this protects against abuse of donor programmes where facilities may repurpose patient embryos and misrepresent their origin to recipients.

Licensing of Foreign ART Practitioners

• with Kenyan regulatory bodies should be required,with disclosure of prior practice locations and disciplinary history and joint liability between facility and practitioner for violations. The justification is that foreign gynecologists and embryologists s may operate without proper Kenyan registration, evade accountability by moving between facilities or countries, and exploit weak enforcementofARTregulations.

WhistleblowerProtectioninARTSettings

• 60) Eugine Shimoka submitted that legal protection should be provided for staff reporting unethical practices,with invalidity of confidentiality clauses that concealpatient harm and anonymous reporting channels under the Ministry of Health. The justification is that any system that allows secrecy, unaccountable power and silencing of junior professionals inevitably places patients at risk and whistleblowerprotections are essential todetermalpractice.

SURROGACY Eligibility to Act as Surrogate (Clause 27)

• 61)TheInternational Coalitionfor theAbolition of SurrogateMotherhood (ICASM) submittedproposalsin relation to Clause 27(2) aimed atrestricting the conditions under which surrogacymay be permitted.
• 62) Not All Gays (Ireland) submitted proposals in relation to Clause 27(2) proposing thattheeligibilityconditions sforsurrogatesbereviewedtoensureadequate protection against exploitation.
• 63) The Centre for Reproductive Rights (CRR) submitted that Clause 27(3) should be deleted in its entirety. The CRR's justification is that Clause 27(3) as drafted createsanundulyrestrictiveframeworkthatlimitsaccesstosurrogacyservices without adequate justification.
• 64) The Kenya Obstetrical and Gynecological Society (KOGS) submitted that Clause 27(3) should provide a comprehensive regulatory framework for gestational surrogacy arrangements inwhichthere is no geneticlinkbetween the surrogate and the child. KOGS's justification is that such arrangements require a distinct regulatory approach to ensure they are conducted safely and ethically.
• 65) Winrose Njuguna, Advocate, submitted proposed amendments to Section 27(3) to clarify the conditions applicable to surrogacy arrangements and to ensure adequate safeguards for surrogates.
• 66)TheWorldYouthAllianceAfricasubmittedthatClauses27to30of theBill dealing with surrogacy, should be reviewed to ensure that the best interests of the child are placed at the centre of the regulatory framework. The World Youth Alliance's position is that children born through surrogacy have unique rights and vulnerabilities that require specific protective provisions.
• 67) Dr. Sarita Sukhija, MD, Director, Myra IVF and Medical Center, Nairobi, submitted that theBill should specifythat a surrogatemustbebetween the agesof 25 and 38,and should not have carried more than two (2) previous surrogacies. The justification is to ensure that only persons who are of sufficient physical and emotional maturity,andwhohavenotbeenoverexposed tothephysicaldemands of surrogacy, are permitted to act as surrogates.

The Protecting Life Movement Trust (PLMT) submitted that Clause 30(3)(b) should be amended to capture the words"byKenyans"to avoid foreigners coming to have surrogacy and opening a door for international human trafficking, that surrogacy should be limited to once, that compensation amounts should be capped, and that non-Kenyan intended parents should be outlawed. The justificationis toprevent commercializationof surrogacy andinternational human trafficking, and because foreigners should be barred from using Kenyan surrogates.

Eligibility of Intended Parents (Clause 28)

• 68) KOGS submitted proposed amendments to Clause 28(a) to revise the eligibility conditionsforintendedparentstoalignwithclinicalbestpracticeandtoremove provisionsthatmayoperate asunnecessarybarrierstoARTservices.

2. 69)MuganeKaburisubmittedproposedamendmentstoClause28(a)relatingtothe eligibility conditions for intended parents,including a proposal to strengthen nondiscriminationprotections.

• 70) The Centre for Reproductive Rights (CRR) submitted proposed amendments to Clause 28(b) to ensure that the eligibility conditions for intended parents do not createbarriers that areinconsistent with the right toreproductivehealth.

4. 71)TheInternational Coalitionfor theAbolition of SurrogateMotherhood (ICASM) submitted proposed amendments to Clause 28(7) to impose stricter eligibility conditions on intendedparents.

• 72) The Commission on Revenue Allocation (CRA) submitted proposed amendments to Clause 28 relating to the eligibility conditions for intended parents, focusing on ensuring clarity and consistency in the application of the provisions.
• 73) The LawSociety of Kenya(LSK) submittedproposed amendments to Clause 28 toaddressconcernsaboutthelegalframeworkgoverningtheeligibilityof intended parents,including concerns about legal certainty and the potential for discriminatory application.
• 74) Dr.SaritaSukhija submitted that a maximum agelimit should be specified for intended parents under Clause 28, to ensure that children born through surrogacy areborn toparentswho are of a reasonable age toprovide adequate care.
• 75) Dr. Sarita Sukhija also submitted that there should not be a blanket ban on foreign intended parents.The justification offered is that a blanket prohibition fails to account for legitimate cases where foreign nationals, including Kenyans in the diaspora, may have genuine and lawful reasons to engage in surrogacy in Kenya.

• 76) Enricah Dulo,Advocate -Legal Expert on Transfer of Parental Rights, submitted that theban onforeign intendedparents should be removed and that instead, stricter legalprovisions should beimposed if themischief behind theban is to deter gay men from using Kenya as a destination country for ART/surrogacy services,by invoking constitutional provisions and citing the same in the Bill.The justification is that theban canbe addressedbyinvokingtheConstitution of Kenya and Children Act, Cap. 141 provisions, and once such a provision is legislated, any gay person previously interested will be made aware of what the law provides.

Recuperation Leave for Surrogates (Clause29)

• 77) Ms. Winrose Njuguna, Advocate, submitted that Section 29(1) should be amended toprovide surrogates with adequate recuperation leave following delivery. The justification is that surrogates undergo significant physical exertion in carrying a pregnancy and delivering a child, and they are entitled to adequate time to recover.
• 78) Not All Gays (Ireland) submitted proposed amendments to Clause 29(2) to ensure that theprovisionsonrecuperationleaveare adequate anddonotplaceundue burdens on surrogates.

SurrogacyAgreements(Clause30)

• 79) The MOH submitted that the provisions on surrogacy agreements are too without vitiatingfactors.The MOH's justificationisthatissues suchas prohibitions of smoking, among others, would best be addressed in the surrogacy agreementitselfratherthanbeingprescribedinlaw.

2. 80)TheStrathmoreInstituteforFamilyStudiesandEthicssubmittedthat thelaw should provide for an appropriate procedure requiring the surrogate mother, post birth,to freely confirm or revoke her consent that the intended parent(s)have exclusivelegalparentage.Sheshouldprovideconsentwithoutfinancial consequences. The justification is that the premise that the child is automatically the child of the intending parent(s) is flawed and undermines the surrogate mother's welfare. This aligns with the Verona Principles (2021), para.10.5, and is in line with the UN Human Rights Council Special Rapporteur's Report (2018).

Genetic Link Requirement

• 81) Ayieta R.Lumbasyo,Advocate/Fertility Law Centre,submitted that Clause 30(3)Gi) should be amended to add therequirement that the conception of the child shall be effected by use of gametes of both commissioning parties or, if not possible, at least one commissioning parent, or in case of a single person, their gamete. The justification is that a genetic link avoids "creation" of children with no genetic links and no genetic parents. Gestational surrogacy is fertility treatment for those with uterine problems. Those with no genetic link can adopt instead, and this prevents child trafficking.

Insurance

• 82)The CentreforReproductiveRights(CRR) submitted that Clause30(3) should be amended to include insurance as a requirement for validity: "(i) the intended parent or parents have taken out an appropriate insurance policy to cover the surrogate becoming ill, such insurance policy to cover all illnesses or attendant conditions either physical or psychosocial that may be related to the surrogacy process, with protection starting no later than the first procedure and ending five years after birth." The justification is that this ensures the insurance cover for the surrogates' medical expenses is made part of the surrogacy agreement and therefore enforceable,and stipulates what the policy should cover, ensuring appropriate insurance for all illnesses or conditions arising from pregnancy and birth.

Pre-ApprovalChecks

• 83)TheKenya Obstetrical and Gynecological Society (KOGS) submitted that Clause 30(5)should be deleted in its entirety.KOGS's justification is that the clause introduces significant procedural bottlenecks through subjective pre-approvals without clear standards,creating delays and uncertainty.Regulatory objectives are better achieved through licensing, professional standards, contractual safeguards andinsuranceregulation.
• 84) Ms. Winrose Njuguna, Advocate, submitted that Section 30(5)(c) should be amended to provide that insurance coverage ends five years after birth unless the surrogate enters into another surrogacy arrangement within that period, in which case the new intended parents take out a new policy discharging any prior overlap. The justification is that requiring insurance coverage for five years post-birth is inconsistentwiththeAct'sallowancefor asurrogatetoenter anewarrangement after two years, creating ambiguity on coverage overlap.

CourtApplications

• 85) The Centre for Reproductive Rights (CRR) submitted that Clause 30(6) should be amended to include a sub-clause (c): "The enforcement of any provisions of the surrogacy agreement." The justification is that this ensures the surrogate can initiate court action to compel performance of obligations, particularly regarding payment of medical expenses and provision of medical cover.

2. 86)KOGS submitted that the phrase"A person"in Clause 30(6) should be replaced with"The parties involved.The justification is that this aligns with principles of legal standing and privity of contract and prevents speculative or third-party litigation.

• 87) Enricah Dulo, Advocate and legal expert on Transfer of Parental Rights, submitted that theBill shouldprovidefor thelicensing and regulation of agencies rather than banning them outright.Agencies play a critical role as the link between fertility clinics, surrogates, advocates and intended parents. The justification is that agencies offer critical services including accompanying surrogates to appointments where intended parents cannot. Some agents are medical professionals with clinical expertise. Failing to license may lead to underground mushrooming of more agencies with zero regulatory framework and no protectionfor surrogates.
• 88) Ms. Winrose Njuguna, Advocate, submitted that Section 31(1) should be redrafted to permit licensed surrogacy agencies to coordinate arrangements while retaining the prohibition against unlicensed or exploitative commercial activity. The justification is that surrogacy agencies serve as professional intermediaries clinics. A blanket prohibition would be counterproductive, resulting in operational chaos and increasing risks of unregulated or informal arrangements.

AgencyAccountabilityforEmbryos

• 89) Dr. Sarita Sukhija, MD, Director, Myra IVF and Medical Center, Nairobi, submitted that where embryos are brought to a clinic by an agency, the agency should be held accountable for those embryos,not the clinic. The justification is that a clinic that receives embryos from an agency is not in a position to verify the provenance or chain of custody of those embryos. Placing liability on the agency which procured and handled the embryos-allocates responsibility appropriately

Prohibited Surrogacy Activities and Importation(Clause32)

• 90) The Ministry of Health (MOH) submitted that the provisions of Clause 32(1) shouldbereplaced with clear prohibitions on-

2. (a) operating an unregistered surrogacy organization; 3. (b) advertising commercial surrogacy; 4. (c) selling embryos or gametes for surrogacy; and 5. (d) importing embryos for commercial surrogacy.

The MOH's objection is to the current use of terms such as "racket" and "organized group" which are vague and unprofessional in legislation.

• 91) The Strathmore Institute for Family Studies and Ethics submitted that even "altruistic"" surrogacy fails to eliminate inherent exploitation and objectification. The justification is that surrogacy offends the dignity of the woman by separating her from the child she carries and reducing her to a means for the desires of others.

• 92)KOGSsubmitted thatClause32(1)(f)shouldbeamendedtoinsertaprovisoto allowimportationforKenyanslivingabroadwhohavelawfullycreatedembryos or gametes in their countries of residence but wish to undertake surrogacy in Kenya. Importation must be approved by the Council. The justification is that a blanketprohibitionfails toaccount for Kenyansliving abroad whomay already have lawfully created embryos or gametes in their countries of residence and would need to transport them toKenyafor surrogacy.
• 93) Ms.Winrose Njuguna,Advocate,submitted that Section 32(1)(c) should be redraftedtoclearlyidentifydutybearersand thenatureofprohibitedconduct, ensuring alignment with principlesoflegality andproportionality andlegal parentage frameworks. The justification is that the clause imposes a broad duty on all persons, organizations, clinics and laboratories not to "abandon, disown or exploit"children born through surrogacy,creating overlapping and ambiguous responsibilitiesforentitiesthathavenoparentalrole.
• 94) Ms. Winrose Njuguna further submitted that Section 32(1)(f) should be amended to introduce a narrowly tailored exception permitting importation subject to regulatory approval, traceability, and compliance with Kenyan law, where the embryosor gametes are thebiological tissueof aKenyancitizen.Thejustification is that the absolute prohibition fails to account for Kenyans living abroad who may already have lawfully created embryos and gametes and meet eligibility requirementsunderSection28.

Termination of Surrogacy Agreement (Clause33)

• 95)KOGSsubmittedtechnicalcorrectionstoClauses33(1)(b)and(c)relatingtothe termination of a surrogacy agreement. For (b), KOGS proposed deleting the words "a fertilized"and adding "an" before the words "before the transfer of an embryo". For (c), KOGS proposed deleting "the fertilized" and adding ""an' before the words"before an embryo is implanted". The justification is that an embryo is an already fertilized and developing egg, and these amendments correct a technicalinaccuracy.

Parentage,Parental Ordersand Compensation(Clauses34-35)

• 96)MOH submittedthatClause34(3)(b)shouldbedeleted.Theclausemakes provision for the use of assisted reproduction technology services and surrogacy serviceswherethereisnogeneticlinkbetween anintendedparentorthechildto beborn.TheMOH'sjustificationisthattheBillshouldnotpermittheuseofART servicesandsurrogacyserviceswherenoneof theintendedparentsarerelatedto the child tobeborn.Geneticlink isvital in ensuring thebest interests of the child, as gametes or embryos may be. Requiring a genetic connection between the child and the intended parents protects Kenyans against coercion, human trafficking, andcommercialabuseofeconomicallyvulnerablewomen.

• 97)KOGS submitted that Clause 34(3)(b)shouldbedeleted inits entirety.The justification is that the clause permits surrogacy arrangements in which the child has no genetic link to either the surrogate or the intended parents, creating legal ambiguity around parentage, inheritance, citizenship and identity rights. Deleting it safeguards thebest interests of the child.

KOGS submitted that in Clause 34(4)(a), the phrase"in-vitro fertilization" should be replaced with "embryo transfer." The justification is that what surrogates undergo is preparatory clinical procedures before embryotransfer,and this ensures medical accuracy and prevents misinterpretation of compensable procedures.

• 98)Ayieta R. Lumbasyo,Advocate/Fertility Law Centre, submitted that a new section should beinsertedforParental OrdersbetweenClauses34and35.Theproposed provision reads:Court may make an order providing for a child to be treated as the child of the applicants if gametes of at least one applicant were used,genetic link can be proved by DNA, a surrogacy agreement is in place, the surrogate consents freely,and no money beyond expenses has been exchanged. The justification is that this provides for legal registration of children born via gestational surrogacy, adheres to international protocols on surrogacy and child trafficking, and protects all parties including the child. Kenya falls under tier 3 of child trafficking.

Fair Compensation for Surrogates

• 99) Mugane Kaburi submitted that Clause 34 should be amended to allow fair compensation for surrogate mothers reflecting the physical, emotional, and economic burdens of surrogacy, while preventing exploitation. Mandatory independent counselling, legal advice, and ongoing support should be required. A model clause was proposed: "A surrogate mother shall be entitled to fair compensation including medical expenses, loss of earnings, and reasonable remuneration for physical and emotional labor." The justification is that the significant physical, emotional, and social burdens, and the lack of fair compensation may lead to covert payments, exploitation, or coercion, especially among economically disadvantaged women.
• 100) Dr. Sarita Sukhija, MD, Director, Myra IVF and Medical Center, Nairobi, submittedthatthereshouldbeamandatoryinsurancecover policyfor surrogates and a minimum compensation amount should befixed byregulation to avoid exploitation by agencies. The justification is that without statutory minimum standards for insurance and compensation, surrogates are vulnerable to exploitation by intermediary agencies. Mandatory insurance provides financial protection in the event of medical complications, while a regulated minimumamountensuresfairandtransparenttreatment.

Insuranceand Minimum Compensation

• 101) Dr. Sarita Sukhija, MD, Director, Myra IVF and Medical Center, Nairobi, submittedthatthereshouldbeamandatoryinsurancecover policyfor surrogates and a minimum compensation amount should befixed byregulation to avoid exploitation by agencies. The justification is that without statutory minimum standards for insurance and compensation, surrogates are vulnerable toexploitationbyintermediaryagencies.Mandatoryinsuranceprovides financial protection in the event of medical complications,while a regulated minimum amountensuresfair and transparent treatment.

LegalProcessforTransfer ofParental Rights

• 102) Enricah Dulo,Advocate and Legal Expert on Transfer of Parental Rights, submitted that the Bill should support the need for a legal process for the transfer of parental rights from the surrogate to the intended parent(s). One requirementshouldbearecordofgeneticlinkwithone orbothintended parents. The process should be simplified. The justification is that Kenya is a source, transit and destination country for human trafficking. Without a legal process requiring genetic link, there is risk of human trafficking. Intended parents who are not residents cannot exit Kenya with the child without a court order transferringparental rights.

ProhibitiononSexDetermination(Clause35)

• 103) Ayieta R.Lumbasyo,Advocate/Fertility Law Centre,submitted that Clause 35 embryo development, to determine the sex of the child except on medical grounds to determine, diagnose and prevent genetic/hereditary sex-linked disorder or disease. This does not restrict sperm sorting before fertilization." The justification is that this curbs sex selection for "social" purposes which are veiled infanticide, while recognizing the need for sex selection on medical grounds for hereditary and sex-linked diseases. Sperm sorting before fertilization prevents creation of extra unwanted embryos possessing sex-linked diseases.

Centre for Reproductive Rights (CRR)

• 104)The Centre for Reproductive Rights (CRR) submitted that Clause 35 should be amended to delete thephrase"determine the sex of the child"and replace with "select the sex of the fetus."The justification is that strictly interpreted, the current provision would prohibit anything that reveals the sex of the fetus, including routine scans necessary for pregnancy care. The intention is to prohibit selection of sex,not determination.

KOGSsubmitted thattheprohibitionin Clause35shouldberetainedbutthat a determination is clinically necessary to prevent or manage a serious sex-linked genetic or heritable disorder, and is carried out in accordance with prescribed medical standards, regulatory approval, and documented informed consent."

The justification is that the prohibition appropriately prevents social or nonmedical sex selection.However, a narrowly framed exception is required to permit sex determination where clinically necessary,such as to avoid sexlinkedgeneticdisorders.

CallsforTotalBanonSurrogacy

• 105) TheInternationalCoalitionfor theAbolitionofSurrogateMotherhood (ICASM) submitted that a total ban on surrogacy should be implemented in line with international human rights standards. ICASM submitted that the Bill would further normalize surrogacy rather than preventing the exploitation of women and children. The justification advanced is that surrogacy violates women's rights (treating pregnancy as a detachable service), violates children's rights (pre-programmed abandonment, commodification), and constitutes a form of human trafficking under the Palermo Protocol. ICASM cited UNICEF (2022): "A contract where the transfer ofa child is a precondition of payment is a form of child trafficking."
• 106) Not All Gays (Ireland) submitted that all provisions that recognize, authorize, or facilitate surrogacy in the ART Bill should be removed. All surrogacy contracts should be voided as against public policy; brokerage, advertising and facilitation should be criminalized; andART shouldbe restricted to therapeutic infertility care that does not entail contracting for pregnancy and transfer at birth. The justification is that surrogacy structurally exploitswomen, commodifies children, and deliberately engineers separation at birth. These are core features of the surrogacy model,not incidental risks thatregulation can cure. International experience shows heightened medical and psychosocial harms to women, and identity and attachment harms to children.

Separate Legal Instruments for Surrogacy and other ART procedures

• submitted that ART and surrogacy should be separated into two distinct legislative instruments. Whereas all surrogacy cases have an element of ART, not all ART cases involve third party reproduction. The justification is that countries that have legislated on both (South Africa, India, Israel, UK) have issues.

RIGHTSOFCHILDRENBORNTHROUGHART

Child's Right toIdentity and Genetic Origins(Clauses38-42)

• 108) TheStrathmoreInstitute for FamilyStudies andEthicssubmittedthat the child's right to identity should be strengthened in Clauses 38to 42,including access togenetic origins at maturity. The justification is that the child's right to identity and genetic origins is inadequately protected in donor conception contexts.

• 109)Not All Gays (Ireland) submitted in relation to Clauses34 and 35 that a Central OriginsRegister should be established ensuring on-demand accesstononidentifying data frombirth and earlier access to identifying datafor identity, medical, and kinship reasons not merely consanguinity. The justification is that limiting disclosure to a late-life check to avoid marrying a sibling denies broader identity rights and medical-history access. Children should be informed of circumstancesof theirbirthby age seven.
• 110)The Horn of Africa Youth Network (HoAYN) submitted that the Bill should ensure childrenborn throughART enjoy equal legal status and identityrights, including safeguardsprotectingthechild'srighttoidentity and information regarding genetic origins, and should address risks of statelessness,legal parentage disputes, and cross-border ART arrangements. The justification is of the Constitution and the Children Act (2022), and the African Charter on the Rights and Welfare of the Child guides age-appropriate disclosure and best interests of the child.

Access toInformation by Donor-Conceived Persons (Clauses 39-40)

• 111) The Ministry of Health (MOH) submitted that availing information to any personwhohas attained the age ofeighteen onwhether theywereconceived through assisted reproductionmay contravene the right toprivacy of a donor, especially where the latter made an anonymous donation. The MOH's position is that the right to access to information vis-a-vis the right to privacy needs to beproperlybalancedso astonot only ensure thebest interestsofthe child but also enhance access to assisted reproductionservices.TheMOH submitted that anyinformationdisclosed shouldbe strictlylimited toconfirmingwhether a divulging any detailsrelating to the donor.
• 112) The Kenya Obstetrical and Gynecological Society (KOGS) submitted that Clause 39 should be deleted in its entirety. KOGS's justification is that these provisions create a statutory right to access deeply personal origin and consanguinity information, shifting a parental responsibility to the State. Where concerns about genetic relatedness arise, voluntary DNA testing provides a more accurate, proportionate and privacy-respecting mechanism than Statemediated disclosure.

3. 113)The Centre for Reproductive Rights (CRR) submitted that Clause 40 should be amended to allow a child,in certain circumstances,access to information from the Council, and the phrase "through a legal guardian" should be deleted. The provision should be amended to read:"The Council may provide information to a minorwhere it is satisfied that the child is of sufficientmaturity tounderstand theinformation and itsimplications."

• 114)The justification is that this takes into account the evolving capacities of the child, particularly where the child is of sufficient maturity to receive and understand the information,and recognizes the right of a child born through surrogacy to know the identity of their birth parents. This aligns with the FIGO position statement on surrogacy.

Registry and RecordsManagement

• 115) KOGS submitted the following proposals in relation to Clause 38 --

2. governance structure established under Part II of the Act. KOGS's justification is that this ensures consistency with the regulatory structure established under theAct. 3. (b) Clause 38(3): Delete Clause 38(3) in its entirety. The justification is that under defined professional and data-protection standards. The regulator's role should be limited to oversight, audits and anonymized data, avoiding unnecessary centralization of sensitive patient records. 4. delivered through licensed fertility clinics. This ensures terminology consistency and avoids creation of artificial orfragmented categoriesof regulated facilities.

• 116) Eugine Shimoka, Clinical Embryologist, submitted that all oocytes and embryosmust be registered with a unique national identifier.Records to include: origin, consent status, storage location, usage, and disposal. Registry access should belimitedbut auditablebyregulators.The justification is to prevent biological theft, medical fraud, and gross ethical violations arising from embryo misappropriation.

LICENSINGANDREGULATION

Applicationand Grantof Licence(Clauses45and49)

• 117) The Commission on Revenue Allocation (CRA) submitted that a prescribed form for application under this provision should be provided,given the sensitivity and conditionalities of the ART process and the duration of any licence granted under Clause 45(3) should be specified.The justification is that for clarity and ease of implementation, a prescribed application form and clear licence duration period are necessary to ensure consistent and transparent administration ofthelicensingprocess.

2. 118)The CRA further submitted that the timeline within which the Council will act on an application for a licence should be indicated; and under Clause 49(6), the phrase"costs of performing all its functions"should be substituted with"cost of offering the licensing service." The justification is that for clarity and to avoid overpricing of services, user fees should generally be proportional to the cost-of-service provision, not to the Council's overall operating costs.

Revocation and Review of Licence(Clauses51 and52)

• 119)The Commission on Revenue Allocation (CRA) submitted that a sub-clause shouldbe addedrequiring thatrevocation of a licencemust becommunicated with reasons and in writing.The justification is that this is to align with the rules of natural justice.An affected licensee has a right toknow the grounds for

ApplicationforReview

• 120) The CRA submitted that under Clause 52(1)(b), the phrase "within 21 days" should be added immediately after the word "determination"to read:"the Cabinet Secretary may make such determination as they deem fit within 21 days." The justification is that this is to ensure feedback within a specific period of time on the review. An applicant should not be left in indefinite uncertainty following a request for review.

QualificationandStaffingofARTClinics

• 121) Timothy Mugo Gakaria(Junior Embryologist)submitted that the ART Bill should explicitly define an embryologist based on formal academic training, structured clinical embryology education, and verified competence. Qualification standards modelled on India's ART Regulation Rules (2022) should be adopted. These incluse an MSc in Clinical Embryology in addition to 3 years' experience, a PhD in Embryology in addition to 1-year experience; MBBS/BVSc in addition to a post graduate degree in Clinical Embryology and 2 years' experience; or post graduate degree in Life Sciences in addition to 1year formal training and 4 years' experience. The justification is that this prevents unsafe practice, misclassification, and regulatory ambiguity, and ensures competence, patient safety, and professional credibility.
• 122) Emma Sila, MSc Clinical Embryology, submitted that clinics shall only hire embryologists with a post-graduate degree in clinical embryology plus 3 years ART lab experience, or PhD in Clinical Embryology/ART plus 1 year ART lab experience, Medical graduate (MBBS) or Veterinary graduate (BVSc) plus PostGraduatedegreeinClinicalEmbryology andtwoyearsARTlab experience; or post graduate in life sciences/biotechnology in addition to 1 year full-time clinical embryology training and years ART experience in a registered Level 2 clinic.The justification is that this ensures embryologists possess adequate training before handling human gametes and embryos,prevents unsafe practice, and removes regulatory ambiguity.

3. 123)EmmaSila further submitted that thereis need for creationof anEmbryologist Board or Council responsible for certification and licensing of embryologists, standard setting and regulation including practice guidelines and code of ethics, oversight and quality assurance including laboratory accreditation, CPD requirements, and disciplinary action and advocacy and research including policy influence and research licensing.

The justification is that an Embryologist Board or Council serves as the regulatory and professional governing body for clinical embryologists, ensuring safe, ethical, and high-quality operation of ART laboratories.

PENALTIESANDREGULATION-MAKINGPOWER

• 124) Winrose Njuguna, Advocate, submitted two options when it comes to penalties, first,is to delete Section56entirely since all offences have specific penalties and the second option is to redraft Section 56 as a residual clause applicable onlyin theevent of inadvertent omission.The justification is that the general penaltyclausecreateslegaluncertaintyandlegislativeredundancy.All identified offences already carry specific penalties. A general penalty clause risks violating the principle of legality and transferring excessive discretion to enforcementauthorities.
• 125) )The Law Society of Kenya (LSK) submitted that the general penalty clause in Clause56should be deleted.The justification is that the principle of legality and legal certainty requires that offences and their corresponding penalties be clear, precise, and unambiguous. A general penalty clause offends these principles. The Bill addresses serious offences that demand heightened precision. A general penalty clause introduces excessive judicial discretion, increasing the risk of arbitrariness or inconsistency. It would also be inconsequential given that the Bill already prescribes specific penalties for each offence.
• 126) Ms. Winrose Njuguna, Advocate, submitted that Section 58(1) should be amended to require ("shall"instead of "may") the Cabinet Secretary to make regulationswithin a defined timeframe,in consultation with the Council and keystakeholders.Thejustificationisthat regulation-making power is permissive rather than mandatory. Given the technical and ethical complexity of ART,leaving regulation-making to discretion may undermine the effectiveness of the Act. Without regulations, primary legislation may be insufficient to operationalize key provisions safely. This position was supported by the Law Society of Kenya.
• 127) MOH submitted that some of the issues that are to be provided for in subsidiary legislationaretoosubstantive andneedtobe addressed in the substantive provisions of the Bill. These include the eligibility of donors, the rights of donors, surrogates and child born through assisted reproduction. The justification isthatbestpracticedictates thatsubstantiveissuesarebest addressed in a primary law.

• 128)TheMOHsubmitted that therequirement that thepower tomakeregulations can onlybeexercisedafteradraftofproposedregulationshasbeenapproved byParliamentmayadverselyaffectaccesstothereproductivehealthcare services.Further,the Statutory Instruments Act clearly lays out the procedure for the development of such Regulations, including the stage at which Parliament is to be engaged i.e., at the tabling stage, following publication of the Regulations.The justification is that assisted reproduction services,just like other healthcare services, are provided as part of the routine healthcare services.Development of regulations to give effect to the procedural aspects in affirmative resolution.

GENERALANDCROSS-CUTTINGISSUES

Abandoned Children,GametesandEmbryos

• 129) The MOH submitted that although theBill defines the term"abandoned child" andprohibits the abandonmentofchildrenbornthrough assistedreproduction services, it does not provide what would happen to an abandoned child or abandonedgamete or embryo.TheMOH submitted that theBill makes provisionfor the surrogate and parentsintermsof offence and penalty, however there are no provisions as to the care and protection of the abandoned child.TheMOH statedthat abandonment of a child born throughassisted reproduction services aswell as ofgametes or embryosis a major issue that requires proper safeguards in law, including the actions that can be taken to protectabandonedchildrensincethesechildrenarespecial especiallywhere there is a conflict between the intended parent and the surrogate mother.

Registration and Licensing of ART Clinics

• 130) TheMOH submitted that theBillonlyprovidesforlicensing of assisted reproductive technology clinics, however it is silent on the modalities of registrationtooperatesuchclinics.TheMOHfurthersubmittedthat theBill proceeds on the assumption that all assisted reproductive technology clinics are healthfacilities.Someassisted reproductivetechnologyclinicsoperateas stand-aloneclinicsthatsolelyoffer assistedreproductionservicesand surrogacyservices.TheBill thereforeneeds toprovidethemodalitiesforboth their registration and licensing.

Birthsand DeathsRegistrationAct-Consequential Amendment

• 131) The Cradle,The Children Foundation submitted that the Births and Deaths Registration Act should be amended to provide for the definitions of"intended parents," "surrogate-born child," and "surrogate mother", amend Section 12 to allow registration of father upon presentation of a surrogacy agreement and insert a new clause requiring registrar to enter intended parents' names upon issuing of a valid surrogacy agreement verified by the Directorate.

The justification is that this aligns statutory frameworks ensuring consistency between the ART Act and Births Registration Act,protects children's rights under Article 53 of the Constitution, provides administrative clarity for registrars, reducing disputes, and prevents legal gaps that could disadvantage surrogate-born children.

Institutional Oversight,Accountability and Governance

• 132)The Horn of Africa Youth Network (HoAYN) submitted that the independence and accountability of the proposed ART regulatory authority should be strengthened, and that a centralised, confidential national ART registry compliant with the Data Protection Act (2019) should be established.Routine audits,inspections,and enforceable sanctions for non-compliant facilities should be recommended. The justification is that clear reporting obligations and parliamentary oversight are needed in accordance with Article 10 on transparency and accountability. The Health Act (2017) supports enforceable sanctionsformalpractice.

Responsibility for Externally Procured Gametes

• 133) Dr. Sarita Sukhija, MD, Director, Myra IVF and Medical Center, Nairobi, submitted that for semen samples or eggs procured from outside banks by an individual on their own initiative,that individual should bear personal responsibility for the material procured. The justification is that where a person independently procures gametes from an external source without going through a licensed clinic or regulated agency, it is appropriate for that person to bear the legal and regulatory responsibility for the material. This prevents clinics from bearing liability for materials they did not procure or verify.

CHAPTERTHREE

3.COMMITTEEOBSERVATIONSANDRECOMMENDATIONS

3.1.CommitteeObservations

• 134) Having considered the Assisted Reproductive Technology Bill (National Assembly Bills No. 61 of 2022),and submissions from stakeholders, the Committeemade thefollowing observations—
• (1) The Assisted Reproductive Technology Bill, 2022 is a significant and necessary step towardsproviding alegal and regulatoryframework for Assisted Reproductive Technology practice in Kenya. Kenya currently has no comprehensive legislation governing ART, resulting in a regulatory ART to significant legal and medical risks;
• (2) There is no comprehensive national registry tracking the total number of The data available is fragmented, drawn from individual clinic reports, regional registries, and academic studies. Further there is no legal framework requiring clinics to report outcomes and majority operate without mandatory reporting;

4. every licensed ART clinic report cycle data and outcomes,including live births, to a central body. With the foregoing, each country balances two patients,donors andchildren;and 5. or facilitators asdistinct from ART clinics;noregulation of escrow or financial intermediaries handling surrogacy funds; no specific provisions on online platforms or advertisements soliciting surrogacy; no specific requirementforintermediariestomaintainidentityrecordsfor children's future access to origins. 6. 135)The Committee further observed that-

• (5) The Title of the Bill does not adequately capture the full scope of the legislation, which extends beyond ART procedures to broader assisted reproductive health services;

8. (6)Anumber of thedefinitions asprovidedfor under clause 2of theBill are ambiguous,scientifically inaccurate or inconsistent while other key terms usedin theBill areundefined;

• (7)TheBill establishes anAssisted Reproductive Technology Committee under Clause 5 but is silent on the composition,qualifications,appointment process, and term of office of the Committee members. The omission underminesthecredibilityandeffectivenessoftheregulatorybody. Furthermore, the Bill refers to both a "council" and "Committee" inconsistently throughout the Bill, creating confusion as to the nature of the regulatorybody;
• (8) While embryologists occupy a role in ART practice, handling human gametes and embryos in themost sensitive stages of laboratory work,the Bill does not establish minimum qualification standards for embryologists nor does it create a regulatoryframeworkfor accountability purposes;
• (9) The Bill contains no explicit framework for liability arising from errors in gamete or embryo handling and recommends that the same be included for accountability purposes owing to the far-reaching identification,genetic and legal implications that such acts cause;
• (10) The Bill restricts its applicability to Kenyan citizens residing in Kenya at theexclusion of theKenyancitizensliving abroadwhich maylock out Kenyan citizens abroad from accessing ART services in Kenya. Further, the Bill overlyrestricts the agefor accessing ART services to25years which is discriminatory considering that legal age of adulthood is eighteen (18) years;
• (11) The issue of recognizing surrogacy arrangements as part of the assisted reproductive technology services is a heavily contested issue by the stakeholders onhumanrights and socialgrounds.TheCommittee recognizes that surrogacy raises profound ethical, legal, medical, and social questions and therefore the need for proper regulation;
• (12) While Clause 11 of the Bill allows for post-humous conception, a position supported by KOGS and other stakeholders, the committee notes opposition tothisproposal by theMinistryofHealthforreason thatit defeats the principle of the best interests of the child. The Ministry indicatesthatthebestinterestofthechildwoulddictatethatthechildbe borntoparentswhoare alive andwhowould be able to takecareof that childwhenborn; and
• (13) Therequirement in Clause 7of the Bill that everyhealth insurance provider,includingtheSocial Health Authority,cover ART services is impractical without corresponding amendments to insurance legislation. The Committee alsonotesthatART services are currently unaffordable to the majority of Kenyans, creating significant inequities in access to reproductivehealthcare.

3.2.CommitteeRecommendations

136)The Committee makes the following recommendations-

• 1)That the title of the Bill be amended to read "Assisted Reproductive Health Bill" as suggested by the Ministry of Health;
• 2)That the definition of the term "embryo" be revised to read "embryo means a developing or developed organism after fertilization till the end of fifty-six days from the day of fertilization", consistent with established medical and scientificunderstanding and aligned withbest practice in comparable jurisdictions.The current definitionrefers to the words"potential to develop into a live born human being"which is subjective and ambiguous;
• 3 That the definition of the term "child" be contextualized to assisted reproductivetechnology.Thedefinition shouldbeamended toprovide "child means any individual born through the use of assisted reproductive technology". This is in line with international practice such as the Indian law on Assisted reproductive technology;
• 4 That the definition of the term"infertility"be amended to require diagnosis by a qualified ART expert, so as to prevent misuse of ART services by unqualified persons;
• 5) That the term "coitus"in the definition of the word "infertility"be deleted and replaced with the term"sexualintercourse"inlinewith modern clinical and patient-friendly language;
• 6 That the definition of "assisted reproductive technology services" be "endoscopic surgery", which is a general surgical technique and not an ARTspecific procedure;
• 7 That the definition of the term"mother"be amended to read"mother means a female parent". The purpose is to delete the word "intended", so as to recognize biological determinism while legal parenthood is addressed separately through the definition of "intended parent"" and the surrogacy provisions;
• 8) That the definition of the term"commercial surrogacy"be simplified to make it clear;
• 9)That the definition of the word "sperm" be amended by deleting the word "mature" in the definition. The purpose of the amendment is to ensure ART practice allows the harvesting and in vitro maturation of immature sperm, including for cancer patients;
• 10) That new definitions of the words "ART bank" and "Infertility clinics"be introducedtotheBill;

• 11) That the term"council"be deleted appropriately throughout the Bill to ensureclarity that theregulatorybodybeing created istheAssisted Reproductive Technology committee."

2. 12)That the Committee accepts theMinistryof Health'srecommendation that the Bill provides for an independent ART Technical and Bioethics Committee under the Ministry of Health, rather than the Kenya Medical Practitioners and Dentists Council;

• 13) That clauses 5 and 6 be amended to provide for the composition, qualifications and terms of service of the members of the committee;
• 14) That the Bill be amended to define minimum qualifications for embryologists to include a postgraduate degree in clinical embryology;
• 15) That all licensed ART clinics be required to display the certificate of their
• 16) That foreign ART practitioners, including embryologists, be required to register with Kenyan regulatory bodies before practicing in Kenya;

7. 17)That the minimum age for access toART services be reduced to18years, in line with the age of legal adulthood in Kenya, with safeguards including mandatory counselling on medical, ethical and social implications, and informed written consent as proposed by Kenya Obstetrical and Gynecological Society (KOGS, the Law Society of Kenya, Centre for Reproductive Rights (CRR) and the Commission for Revenue Allocation (CRA);

• 18) That the eligibility for access to ART and surrogacy services be extended to lawful residents of Kenya and Kenyans living abroad subject to strict regulation of handling of the embryos in such circumstances;
• 19) That the committee rejects the proposal for the complete ban of surrogacy arrangements in Kenya on the grounds that the practice is already happening in Kenya and therefore the need for strict regulation to allow a safe process;
• 20) That the use of surrogacy as a treatment for infertility be restricted to only married couples experiencing infertility issues;
• 21) That clause 34(3)(b), which permits ART and surrogacy services where there is nogeneticlinkbetween the intended parents and the child,be deleted as proposedby theMinistryof Health andKOGS that at least oneof the intended parents must have a genetic connection to the child. This is essential to protect against child trafficking, abandonment, commercial exploitation, and legal ambiguity regarding parentage, inheritance, and citizenship;
• 22) That mandatory insurance coverage for surrogates be introduced, covering all medical conditions arising out of the surrogacy process, commencing no later than the first procedure and continuing for an appropriate period after birth;

• 23) That surrogacy agencies be regulated by the ART Committee rather than prohibited for accountability purposes;
• 24) That the Bill be amended by deleting all clauses allowing for post-humous conception assuchprovisionsviolate theprinciple ofthe bestinterests ofthe child;
• 25) That the insurance provisions as contained in the Bill be retained; and
• 26) That the insurance legislation be amended to provide for insurance coverage of ART services by all other insurance providers.
• 137) The Committeefurther recommends that theSenatepasses theBillwith the proposed amendments.

30th March, 2026

The ClerkoftheSenate, Parliament Buildings,

NAIROBI.

RE: COMMITTEESTAGEAMENDMENTSTOTHEASSISTEDREPRODUCTIVE TECHNOLOGY BILL,2022 (NATIONALASSEMBLY BILLS NO. 61 OF 2022)

NOTICEisgiventhattheChairpersonoftheSenateStandingCommitteeonHealth,Sen.Jackson TechnologyBill 2022(National AssemblyBills No.61 of 2022) at the CommitteeStage -

Clause 4

THATclause4oftheBillis amended-

• (a) provide a framework for assisted reproductive technology procedures in Kenya.
• (b) In paragraph (c) by deleting the words "assisted reproductive technology services" appearing immediately after the words "and comprehensive" and substituting therefor the words "assisted reproductive technology procedures"
• (c) by deleting paragraph (j) and substituting therefor the following "establish the Assisted Reproductive Technology Technical and Bioethics Committee";
• (k)provide a framework for the safe, ethical and lawful cryopreservation of human reproductive tissue and cells used in Assisted Reproductive Technology.

Justification

The amendments to clause 4 (a) and (c) ensure thatproper clinical terminologies are used.

The amendmentto clause4(j)ensuresthatreferenceismadetoaproper committee.

The purpose of introducing a new paragraph (k) is to expand the objects to include cryopreservation of human reproductive tissues.

Clause 6

THATclause6of theBillis amended-

• (a)Intheintroductory clause by deleting the word"Council"appearingimmediately after the words"functions of the"and substituting therefor the word"Committee";
• (b) In the marginal note by deleting the word "Council" appearing immediately after the words "functions of the"and substituting therefor the word "Committee"; and
• (c) In paragraph (o) by deleting the word "Council" appearing immediately after the words "functions of the"and substituting therefor the word "Committee"

Justification

These amendments ensure that reference is made to the correct authority.

Ciause 7

THATclause7oftheBillis amended-

• (a) In paragraph (a) by deieting the words "assisted reproductive technology services" .appearing immediately after the words "of cost-effective" and substituting therefor the words "assisted reproductive technology procedures";
• (c) In paragraph (c) .by deleting the words "assisted reproduction health services" appearing immediately after the words"regulations to ensure"and substituting therefor the words "assisted reproductive health procedures"
• (b) In paragraph (b) by deleting the words "assisted reproductive technology services" appearing immediately after the words "of cost-effective" and substituting therefor the words "assisted reprcductive technoiogy prccedures";

Justification

The amendments ensure that correct clinical terminologies are used.

Clause8

THATclause8oftheBillisamended-

• (a) in paragraph (a) by deleting the words "assisted reproductive technology services" appearing immediately after the words "quality, cost-effective" and substituting therefor the words "assisted reproductive technology procedures"; and
• (b) in paragraph (d). by deleting the words "assisted reproductive technology services" appearing immediately after the words "and cost-effective" and substituting therefor the words "assisted reproductive technology procedures";

Justification

The amendments ensure that correct clinical terminologies are used.

Clause 19

THATclause19oftheBillisamended-

• (a) In subclause (1)—
• Paragraph (a) by inserting the word "donor" immediately before the words "gametes from males"; and
• ii. Paragraph (b) by inserting the word "donors" immediately after the words "oocytes from females";
• iii. Inserting a new paragraph (c) as follows -
• ()gametesfrom male and femalepatients,where such gametes are collected and preserved for that patient's future personal use on medicalgrounds includingfor fertilitypreservation necessitated by disease,medical treatment or other clinically indicatedcircumstances
• (b) in subclause (2) by deleting the word "Council" appearing immediately after the words "prescribed by the" and substituting therefor the word "Committee"

Clause 20

THAT clause 20 of theBill is amended in sub-clause (1)—

• (a) by deleting the word "Council" appearing immediately after the word "the" in the introductory phrase and substituting therefor the word "Committee"
• (b) deleting paragraph (a) and substituting therefor the following -
• "disposal of gametes after five years of preservation, provided that a written notice of the impendinglapseof thepreservationperiodisissuedtotheperson towhomthegametes relate, affording that person an opportunity to request an extension or to waive any future preservation;
• (c) deleting paragraph (b)

Justification

Theamendmentsseek toreducetheperiodfordisposalofgametesfrom10years to5years with a mandatory written notice requirement which encourages periodic, informed decision makingbypatientsregarding thecontinuedstorage or disposal oftheirgametes.

The amendment also deletes paragraph 20 (1)(b) which allows donation of gametes to other couple pursuing assistive reproduction. Surrogacy and other ART procedures are established on thebasisof consentand agreementand therefore donation ofgametesrisksbypassing these safeguards.

Clause 21

THAT theBill is amendedbydeletingclause21

Justification

Allowingprocreationafterthedeathofapersonwouidbe tolegaliysanctionsingle parenthood which will deny the child the love of one of the parents. This is against the principle of the best interests of the child.

Clause 22

THAT clause 22 ofthe Bill is amended -

• (a) in subclause (1) by deleting the word "services" appearing immediately after the words "reproductive technology" and substituting therefor the words "procedures"
• (b) in sub-clause (2) by --
• i. deleting the word "Council" appearing immediately after the words "licensed by the"and substituting therefor the word "Committee";
• ii. deleting the word "services" appearing immediately after the words "reproductive technology" and substituting therefor the word "procedures"
• (c)in subclause3-
• i. by deleting the word "services" appearing immediately after the words "reproductive technology" in the introductory phrase and substituting therefor the word"procedures"
• ii. by deleting the word "services"" appearing immediately after the words "assisted reproductive"and substituting therefor the word"procedures"

Justification

The amendment ensures proper use of clinical terminologies

Clause 23

THATclause 23oftheBillis amended-

• (a) in the marginal note by deleting the word "service" appearing immediately after the words "reproductive technology"and substituting therefor the word "procedure"
• (c) in subclause (2) --
• (b) in subclause (1) by deleting the word "service" appearing immediately after the words "reproductive technology" and substituting therefor the word "procedure"
• i. paragraph (a) by inserting the words"and embryos"immediately after the words "ownership of the";
• ii. paragraph (b) --

Justification

The amendmentensures a consistentuseof clinical terminologies.ART involves both gametes and embryos. In clinical practice, only embryos, not individual gametes, can be counted and transferred.Gametes are inseminated.Implantation is what occurs to a transferred embryosubsequentlyin the uterus,whereby the embryo attaches/burrows into the uterine lining. These amendments provide clarity for consent,ownership and clinical decision making.

Clause 24

THAT clause 24(1) of theBill is amended-

• (a) In paragraph (a) by deleting the word "services" appearing immediately after the words "reproductive technology" and substituting therefor the word "procedures"
• (b)Inparagraph(b)-
• i. by deleting the word "all" appearing immediately after the words "screened for" and substitutingtherefor theword"relevant";
• ii. by inserting the word "recipient" immediately after the phrase "parents, the";
• iii. by inserting the word "resulting" immediately after the words "surrogate or the"

Justification

The amendment ensures thatrisk-based donor screening focuses on conditions that are clinically significant andposegenuine risk to all relevant thirdparties.It aligns theBill with

• (a) by deleting the word "gametes"" appearing immediately after the words "number of"and substituting therefor the word "embryos"; and
• (b)by deleting the word "implanted" and substituting therefor the word "transferred"
• iii. in paragraph (c) ——
• (a) by inserting the words "and embryos" immediately after the words "the gametes" in the introductory phrase;
• (b) by deleting the word "services" appearing immediately after the words "reproductive technology" and substituting therefor the words "procedures" in sub-paragraph (i)
• (c)by deleting the word "services"appearing immediately after the words "reproductive technology"and substituting therefor the words"procedures"in sub-paragraph (ii)
• , o , s s (s gametes"in sub-paragraph (ii)

internationalARTpractice,safeguardspatientand child health and allowsprofessional standards to define the scope of required screening.

Clause 25

THAT clause 25 of the Bill is amended by deleting the word "donor" appearing immediately before the words"shall undergo" and substituting therefor with the word "embryo"

Justification

Theamendment seeks to ensure the use of correct terminology.It is the embryo that undergoes pre-implantation screening and not the donor.

Clause 26

THAT the Bill is amended by deleting clause 26 (2) and substituting therefor the following -

• (2) Where a married couple obtains a divorce after the creation of an embryo, both partners reserve the right towithdraw consent of the transfer of the embryo(s)which havebeen created by their spermsorova.

Clause 27

THAT clause 27 of the Bill is amended in subclause (3) by deleting the words "or intended parents" appearing immediately after the words "surrogate mother or"

Justification

The purpose of the amendment is to ensure that surrogacy is only undertaken where there is ageneticlinkbetween the resultingchild andone of theintendedparents to alleviate instances of human trafficking.Kenyan law already allowsfor adoption of children(usually with no genetic link) and this route can be utilized in instances where the intended parents do notintend to have the resultingchild have ageneticlink to them.

Clause 28

THAT clause28oftheBill isamended-

• (a) by deleting paragraph (a) and substituting thereof the following new paragraph (a ) is a Kenyan citizen or lawful resident of Kenya;
• (b) by deleting paragraph (b) and substituting thereof the following new paragraph -
• (b ) has attained the age of eighteen years, provided that any intended parent who is below the age of twenty-five years shall undergo mandatory counselling on the mcdical, cthical

andsocialimplicationsofparenthoodin additiontoother clinicalorlegalsafeguards as may be prescribed under regulations.

Justification

The justification for paragraph (a) is that expanding eligibility to include lawful residents of Kenya ensures that intended parents who live and work in Kenya, including non-Kenyan spouses of Kenyans are not unfairly excluded from accessingARTservices.

The justification for the amendment to paragraph (b) is that fertility potentially declines with age and younger patients who experience early medical infertility (due to conditions such as premature ovarian insufficiency, cancer treatments, or congenital anomalies) may only have viable gametes or embryos at younger ages. Restricting access to ART services to only persons above 25 years could effectively deny these patients the opportunity for genetically related parenthood.In any case, the age of legal adulthood in Kenya is 18 years and as such restrictions would be discriminatory.

Clause30

THATclause30oftheBillisamended-

• (a) in sub-clause (3) —-
• i. paragraph (c) (i) by deleting the words "commissioning parent"whenever it appears andsubstitutingthereforthewords"intendedparent""
• ii. paragraph c (i) by deleting the words "commissioning parent" appearing immediately after the words"divorce of the"and substituting therefor the words "intendedparents"
• iii. paragraph (d) by deleting the words "commissioning parents" whenever they
• iv. by inserting the following new paragraphs immediately after paragraph (d) —
• (da)where theintendedparents are a couple;and
• (db) where the conception of the child shall be achieved using the gametes of both intended parents or,where it is not possibleforbothintendedparents toprovide gametes owing to biological or medical reasons certified in writing by a registered assisted reproductive technology expert, the gamete of at least one of the intended parents.
• √ In paragraph (g) by deleting the words "commissioning parents" whenever they appear and substituting therefor the words"intended parents"
• (b) by deleting sub-clause (5) and substituting therefor the following --

(5)A fertility clinic shall not undertake any surrogacy procedure on behalf of any intended parents or couple unless the intended parents have taken out an appropriate insurance policytocoverthesurrogatebecomingill,withprotection underthepolicystartingnolater than the day on which the first assisted reproductionprocedureis tobe carried outunder the surrogacy agreement and ending five years after the surrogate has given birth.

• (c)In subclause (6)-
• i. by deleting the word "person" appearing immediately before the words "may apply to"in the introductory phrase and substituting therefor the words"Any party to a surrogacyagreement'";and
• ii. inserting a new paragraph (c) as follows --
• (c)the enforcementof anyprovisions of the surrogacy agreement.

Justification

The amendments to clause30 (3) are aimed atensuring that surrogacy is only available to married partners in Kenya and also to use the defined terminology"intended parents"as opposed to "commissioning parents". It should be noted that, the word couple is already defined underclause 2 and does not include same sexcouple.The amendmentfurther ensures that surrogacy isallowedwhere thereis atleastageneticlinkbetween one of theparents and the resuiting child. These amendments are part of a tight regulation of surrogacy arrangements in Kenya to avoid instances of child trafficking

Clause 30 (5) as currently in the Bil introduces significant procedural bottlenecks through subjective pre-approvals by theKenya Medical Practitioners and Dentists Council without clear standards, creating delays and uncertainty. These can be achieved through licensing, professional standards andcontractual safeguards.The amendment thereforeremoves the need for these pre-approval checks by the council and retains themandatory insurance coverageofthesurrogate.

In addition,the amendment to sub-clause (6) is aimed atensuring only parties to the surrogacy agreement challenge the validity of the agreement. This ensures that only proper partiesapproachthecourt.

Further,theproposed amendment forthe introductionofa newclause30(6)(c)wouldensure thateventhesurrogatecan initiate court action to compel theperformance of the obligations ofthe agreement,particularlywith regardstopaymentofthe medicalexpenses and provision ofmedical cover.

THAT clause 32 (1)(f) of the Bill is amended by inserting the words "except where the embryos or gametes are the biological tissue of a Kenyan citizen or lawful residents of Kenya who intend committee in accordance with regulations."

Justification

A blanket prohibition on the importation of embryos and gametes fail to account forKenyans livingabroad andlawful residentsofKenyawhomay alreadyhavelawfullycreatedembryos or gametes in their countries of residence and would need to transport those embryos and gametes to Kenya for surrogacy. The amendment therefore seeks to introduce an exception to the ban.

Clause 33

THAT clause 33 (1) of the Bill is amended -

• (a) In paragraph (b) by deleting the words "a fertilized"" appearing immediately after the words "the transfer of' and substituting therefor the word "an"; and
• (b) In paragraph (c) by deleting the words "the fertilized" appearing immediately after the words"and before"and substituting therefor the article"a".

Justification

An embryo is an alreadyfertilized and developing egg.These amendments correct a technical accuracy inlinewith clinical practice.

Clause 34

THAT theBillis amended-

• (a)by deleting sub-clause (3) and substituting therefor the following-

(3) Where a child is born through a surrogacy arrangement, the female intended parent shall be the mother of the child and the male intended parent shall be the father of the child for all purposes under this Act, the Children's Act and under the Births and Deaths Registration Act, and thetwo shall accordinglybe listed as theparentsofthechild in the birth notification and in the birth certificate, without any reference to the surrogacy arrangement or to the surrogate mother.

• (b) In sub-clause (4)(a) by deleting the words "in-vitro fertilization" appearing immediately after the words "the process of' and substituting thereof the words "embryo transfer""

Justification

The amendment to clause 34 (3) allows for the registration of the intended parents as the father and mother of the child for thepurpose of entry of their names in the Birth notification and Birth Certificate and for parental responsibility under the Children's Act The same amendment further deletes clause (b)whichpermits surrogacy arrangements in which the child has nogenetic link to one of the intendedparents creating a legal ambiguity around parentage,inheritance,citizenship and identity rights.This is in thebest interests of the child.

Further, the amendment on subclause (4)(a) is to ensure proper use of terminology. What surrogates undergo is preparatory clinical procedures before embryo transfer, cost of which is now captured in the proposed amendment.This amendmentensures that there is no misinterpretation.

Clause 35

THAT the Bill is amended by deleting clause 35 and substituting therefor the following 一

35. A person shall not do any act, at any stage of an assisted reproductive process, to determine the sexof achildtobeborn through theuseof assistedreproductive technolcgyexceptwhere sex disorder,andis carriedoutin accordancewithprescribedmedical standards,regulatory approval, anddocumentedinformedconsent.

Justification

The current provision appropriately prevents social or non-medical sex selection.However, the amendment is necessary topermit determination where clinically necessary such as to avoid sex-linked genetic disorders.This preserves ethical objectives while protecting legitimatemedical practice.

Clause 38

THATclause38oftheBillisamended-

• (a) in sub-clause (1) by deleting the word "council"appearing immediately.after the word "the" in the introductory phrase and substituting therefor the word "Committee";
• (b) in sub-clause (2) by.deleting the word "council" appearing immediately after the word "the"and substituting therefor theword"committee";and
• (c) in sub-clause (3) by deleting the word "council" appearing immediately after the word "the"and substituting therefor theword"committee"

Justification

These are clean up provisions to change the term"council" to"Committee"

Clause 39

THAT theBillis amended by deletingclause39

Clause 40

THAT clause 40oftheBill is amended -

• (a) in sub-clause (1) by deleting the word "Council" appearing immediately after the word "the" and substituting therefor the word "Committee";
• (c) deleting subclause (2).
• (b) in sub-clause (2) by deleting the word "Council whenever it appears and substituting therefor the word "committee"; and

Justification

These are clean up provisions to change the term "council to "Committee"

Clause 41

THAT clause 41 of theBill is amended -

• (a) in sub-section (1) by deleting the word "council whenever it appears and substituting therefor the word"committee"
• (t) in the marginal note by deleting the word "council appearing immediately after the words "information of the" and substituting therefor the word "committee""
• (b) in sub-clause (2) by deleting the word "council" appearing immediately after the words "decision of the"" and substituting therefor the word "committee"

Justification

These are clean up provisions to change the term"council" to "Committee"

Clause 42

THATclause42oftheBill is amended-

• (a) in sub-clause (1) by deleting the word "council whenever it appears in the introductory phrase and substituting therefor the word"committee";
• (c) in sub-clause 3 (a) by deleting the word "council" appearing immediately after the words "employee of the" and substituting therefor the word "committee"
• (b) in sub-clause (2) (b) by deleting the word "council" appearing immediately after the words "employee of the"" and substituting therefor the word "committee"; and

Justification

These are clean up provisions to change the term "council' to "Committee"

Clause 44

THAT theBillis amended bydeletingclause44and substitutingthereforthefollowing-

Requirements for licensingofART facilities

Justification

This amendment ensures that only qualified,licensed practitioners can provide ART services, and only at approved premises. It prevents licences from being transferred or misused.The penalty matches similar offences in the Bill and discourages unlicensed practice, thereby protecting patients from harm.

Clause 47

THAT clause47oftheBillis amendedinsubclause(2)byinserting thefollowingnewparagraph immediately afterparagraph(a)-

(aa) the licensee shall display at a conspicuous place on the licensed premises thelicences of the principal medical practitioner and the principal embryologist.

Justification

The amendmentensurespatients,staff and inspectors can identify the specificpeople who are legally responsible for clinical and laboratory practice at that facility,not merely the facility itself.

Clause 48

THAT clause48oftheBillis amendedinsubclause(2)-

• (a) paragraph (a) by deleting the word"person"whenever it appears and substituting thereof the word"clinic"
• (b) by deleting paragraph (d)

44. (1) No person shall provide assisted reproductive technology procedures or operate a cryobank --

• (a)unless that person holds a valid licence issued under this Part; and
• (b)atanypremises unless thosepremises are the subjectofavalidlicence issuedunder thisPartinrespectof thosepremises.

(2) A licence issued under this Part in respect of a person is not transferable to another person, and a licence issued in respect of premises is not transferable to Other premises.

(3)Apersonwhocarries out anyassistedreproductive technologyprocedures contrary to thissection commits an offence and shall,uponconviction,be liable toafinenot exceedingfivemillion shillings or toimprisonmentfor a term not exceedingfive years, or to both.

• (c) paragraph (e) by inserting the words "provided under section 20 (1) (a)" immediately after the words "statutory storage period"

Justification

Automatic"priority"for use of embryos is clinically inappropriate as embryo transfer decisions depend on medical readiness, consent and updated clinical assessment. The deletion of paragraph (d) therefore addresses this concern.

Clause 58

THAT clause 58 of the Bill is amended in subclause (1) by inserting the word "and the committee" immediately after thewords"with thecouncil"

NEW CLAUSES

NewClause5A and5B

THAT the Bill is amended by inserting the following new clauses immediately after clause 5 — Composition of 5A. (1) The committee shall comprise of the following members thecommittee

• (a) a chairperson who shall be a licenced medical practitioner with a specialty inobstetrics and gynaecology with at least ten years experiencein assistedreproductivehealth and a member of theKenya Obstetrical and Gynaecological Society;
• (c)Two Assisted Reproductive Technology Experts being obstetricians or gynecologists with a specialty in reproductive endocrinology and fertility medicine and are registered and licensed by the Council under this Act;
• (b) The Director-General for Health or a representative designated in writing;
• (d) An embryologist registered or recognised under applicable professional standards, with not less than five years' experience in assisted reproductive technology;
• (f)An advocate of the High Court of Kenya, with ten years post admission experience in health law and regulatory practice, nominated by the Law Society of Kenya; and
• (e) A registered nurse with training and experience in assisted reproductive health nominated by the Nursing Council of Kenya;
• (g) one person representing non-governmental organizations involved in Assisted Reproductive Health; and
• (h) a registered counselor or psychologist

Tenureof office of the membersof thecommittee

Justification

Theamendmentprovides formembershipof the committeeand the tenure ofoffice.This ensures that the committee is made up of experts.

NewClause24A,24Band24C

THAT theBill is amended by inserting the following new clauses immediately after clause 24-

RegistrationAnd 24A. (1) A person shall not practice as an embryologist in Kenya unless the Licensing of person is registered and holds a valid licence issued by the Council under this Embryologists section.

• (2) A person qualifies for registration as an embryologist if the person -

2. (a) holds a degree in biomedical science, clinical embryology, reproductive biology, medicine or a similar field from a recognized institution; 3. (b) has completed a post - graduate qualification or structured clinical trainingprogrammein clinicalembryologyof notless than twoyears duration,accredited by the Council; 4. (c)hascompletedasupervisedclinicalattachmentinanassisted reproductivetechnologycliniclicensedunder this Actofnotlessthan twelve months; and 5. (d) satisfies any additional requirements prescribed by the Council through regulations

• (3) The Council shall maintain a register of all registered embryologists which shall --

7. (a)be accessible to thepublicon theCouncil'swebsite;and 8. (b)record thename,registration number,categoryofpractice,and status of eachregistered embryologist.

• (2) The members of the committee under 5A (a), (c)(d)(e)(f)(g) and (h) shall be appointed by the Cabinet Secretary by a notice in theKenya Gazette.

10. 5B.Themembersof the committeeshallholdofficefor a termof threeyears and are eligibleforre-appointmentfor afurther term of threeyears.

• . of 24B. (1) A registered embryologist shall only perform the procedures falling within the category of practice specified on the embryologist's license by the Council.
• (2) A registered embryologist shall, in the performance of embryology procedures --
• (a) comply with the standards, guidelines and protocols issued by the Council;
• (b) maintain accurate and complete laboratory records of every procedure performed, in such form as the Council may prescribe;
• () ensure the correct identification, labelling and traceability of all gametes, Zygotes and embryos handled, in accordance with the conditions of the licence of the clinic;
• (d) report to the responsible supervisor and to the Council any error or adverse event in laboratory practice that has or may have affected a patient, donor or gamete or embryo within forty-eight hours of becoming aware of it;
• (e) maintain strict confidentiality regarding the identity and medical information of patients and donors in accordance with this Act and any otherrelevantlaws;and
• (f) obtain or confirm the existence of valid informed consent before performing any procedure involving a patient's gametes or embryo.
• (3) A registered embryologist commits a professional misconduct if he or she -
• practice without supervision;
• (c) falsifies, alters or destroys laboratory records;
• (b) misidentifies, mislabels or incorrectly transfers a gamete or embryo;
• (d) uses gametes or embryos without the valid informed consent of the donor or owners;
• surrogate to influence any procedure to the detriment of a patient, donor or surrogate mother;
• (f) discloses confidential patient or donor information without lawful authority; or

Disciplinary proceedings

• (g) engages in any conduct that is dishonest, fraudulent or likely to bring the profession into disrepute.

24C. (1) Where the Council receives a complaint against a registered embryologist, or on its own motion has reasonable grounds to believe that a registered embryologist has committed professional misconduct, the Council shall investigate the matter.

(2) Before commencing an investigation under subsection (1), the Council shall serve the embryologist with a written notice setting out --

• (a) the nature of the alleged professional misconduct;
• (b) the evidence or grounds relied upon; and
• (c) the embryologist's right to respond in writing within twenty-one days of the date of the notice.

(3) Upon considering the response of the embryologist, or where no response is received within the period specified in subsection (2)(c), the Council shall appoint a disciplinary panel to conduct a hearing into the matter.

(4) The disciplinary panel shall conduct the hearing in accordance with the rules of natural justice and shall complete the hearing and submit its findings and

(5) Where the Council, upon considering the findings and recommendations of the disciplinary panel, is satisfied that an embryologist has committed professional misconduct, the Council may, having regard to the gravity of the misconduct, do one or more of the following --

• (a) issue a warning to the embryologist;
• (b) impose conditions or restrictions on the embryologist's licence;
• (c) require the embryologist to undergo further training or a competency reassessment before continuing to practise;
• (d) suspend the embryologist's licence for a specified period not exceeding twelve months; or
• (e) cancel the embryologist's licence and strike off the embryologist's name from the register

(6) The Council shall communicate its decision under subscction (5) to the embryologist in writing, with reasons, within fourteen days of making the decision.

Justification

• (7) An embryologist aggrieved by a decision of the Council under this section may, within thirty days of being notified of the decision, appeal to the High Court.

While embryologists play a critical role in assisted reproductive technology, the remain unregulated and therefore the need for a legal framework for their regulation.This Amendments therefore ensure thatembryologistsjustlike othermedicalpractitioners are licensedbyKMPDC

Clause 2

THATclause 2oftheBillis amended-

• (a) by deleting the definition of the term "assisted reproductive technology services" and
• (b) by deleting the definition of the term "commercial surrogacy" and substituting therefor the following -
• substituting therefore the following -"assisted reproductive technology procedures" includes diagnostic and screening, intrauterine insemination, in-vitro fertilisation, intracytoplasmic sperm injection, cryopreservation, preimplantation genetic screening, pre-implantation genetic diagnosis, oncofertility, gamete and embryo donation, or surrogacy provided to infertile and sub- fertile man or woman;
• a s s s benefit, or financial advantage, whether direct or indirect, to the surrogate mother or any
• (d) by deleting the definition of the term "endoscopic surgery";
• intermediary, other than compensation or benefits expressly permitted under this Act. () In the definition of the term "donation" by deleting the word "giving" appearing immediately after the words "of voluntary" and substituting therefor the word "providing"
• a, pe p a o , n g ) immediately after the word "who voluntarily";
• (e) in the definition of the term Assisted Reproductive Technology Services by deleting the o, s as os, m screening";
• (g) in the definition of the word "infertility" by deleting the word "coitus"" appearing immediately after the words "year of unprotected" and substituting therefor the words "sexual intercourse";
• (i) by deleting the definition of the word "oocyte" and substituting therefor the following -a d s o, maturation may be capable of fertilization;
• (h) in the definition of the word "mother" by deleting the word "intended" appearing immediately after the words"a female";
• Gi). by deleting the definition of the word "ovum" and substituting therefor the following -

"ovum?" means a fully mature female gamete, produced by the ovaries, that has completed meiosis and is capable of being fertilized by a sperm cell to form a zygote;

• (k) by deleting the definition of the term "pre-implantation genetic screening" and substituting therefcr the following --
• "pre-implantation genetic screening" means a group of genetic tests used to evaluate the genetic health of embryos before transfer to the uterus;
• (l) by deleting the definition of the word "sperm"" and substituting therefor the following -"sperm? means a male human gamete;
• (m)by inserting the following new definitions in a proper alphabetical sequence -"cryobank" means a facility or premises registered under this Act in which human gametes, embryos, orreproductive cells and tissues are collected,screened,cryopreserved, stored, and released for thepurposes of assistedreproduction orresearch;

"sex selection" means any procedure, technique, or test undertaken with the intent of determining, influencing, or increasing the likelihood that a resulting embryo, foetus, or child shall be of aparticular sex

Justification

The purpose of amending the definitions is to ensure thewords retain their clinical and scientificmeanings.

THAT clause 1 of the Bill is amended by deleting the short title and substituting therefor the following-

"The Assisted Reproductive Health Bill, 2022"*

Justification

The Bill is not limited to Assisted reproductive technology but rather speaks to the Assisted reproductive health. The amendment of the short title is therefore to reflect this scope.

Date..

2026.