The legislative groundwork for surrogacy was laid in July 2024 with the publication of the revised Law on Persons and Family, which formally acknowledges surrogacy and establishes guidelines for its practice in Rwanda.
This law specifies that reproduction between spouses may occur naturally or with the help of reproductive technologies, including surrogacy. Article 279 of the law clarifies that assisted reproduction between a married man and woman may include a third party through a legally binding contract.
Minister Nsanzimana explained that there is demand for surrogacy services in Rwanda among couples facing infertility issues. The proposed regulations specify that surrogates should be between 21 and 40 years old.
According to statistics from Kanombe Military Hospital, 15% of women seeking gynecological care experience infertility. In East Africa, infertility affects 30% of couples, many of whom struggle to access necessary treatments.
However, Deputy Beth Murora expressed concern that surrogacy could be exploited as a commercial enterprise.
"While semen donations and surrogacy services aim to support those unable to conceive naturally, there is a risk of commercialization. I am aware of cases where young adults may be pressured into donating under ethically questionable circumstances."
Dr. Nsanzimana addressed these concerns, emphasizing the need to prevent the commercial exploitation of surrogacy.
"Our objective is to prevent this law from becoming a gateway for profit-driven practices. We've observed cases in other countries where surrogacy became a business, often leading to exploitation of young women. We want to ensure that such loopholes do not emerge here."
Deputy Valens Muhakwa proposed setting limits on the number of times a person could act as a surrogate, citing health and ethical concerns.
'Similar to family planning guidelines, limits could help prevent individuals from participating in multiple surrogacies within a short period,' he suggested.
Additionally, MP Anasthase Nabahire raised concerns about the law's restrictions, which limit surrogacy to married couples, excluding single individuals who may wish to have children.
"This law is designed to assist married couples facing infertility, but what about single individuals who want children? Couldn't the law be amended to include provisions for them?'
Minister Nsanzimana responded that while the current legislation focuses on married couples, it could be expanded in the future to be more inclusive.
The cost of surrogacy in Rwanda initially stood at around 3.5 million Rwandan Francs but is expected to decline as insurance providers integrate surrogacy coverage.
According to the law, the mother of a child born through assisted reproductive technology is the one named in the surrogacy contract.
Surrogacy, introduced globally in 1986, has grown popular in many developed countries, where, for instance, approximately 750 children are born through surrogacy each year in the United States.
Rwanda's move to regulate surrogacy brings it into line with an increasing global trend, yet lawmakers remain cautious about its implementation.
IGIHE
Source : https://en.igihe.com/news/article/rwandan-lawmakers-raise-concerns-over-surrogacy-law
