Surrogacy: Experts call for amendments to family law

The Rwandan Law Governing Persons and Families stipulates that the mode of reproduction in Rwanda is naturally between a man and a woman or it can be medically assisted. Medically assisted procreation must be by mutual consent of the concerned parties, the article indicates. Much as Rwandans have the right to infertility treatments, a lack of proper details deters the law from fully serving its purpose. For example, there are no regulations and legal assistance present to govern cases where couples choose to go for surrogacy. In 2020, there was a couple seeking for the legal right to have a child through surrogacy, and the judge at Kicukiro Primary Court ruled to deny their request. The ruling sparked a debate as to whether surrogacy is legal in Rwanda or not. The couple had gone to court after other infertility treatments were not successful and doctors advised them to get a go-ahead from courts of law before they can begin medical surrogacy procedures. Back then, the judge ruled to block the procedure, saying that the law provides that “procreation occurs between a man and a woman or with assistance,” while petitioners were seeking reproduction between two families which is out of the law. The couple appealed again, and the Nyarugenge Intermediate Court on September 11 ruled in their favour, allowing them to have a child by surrogacy. Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended parent/s). Although there isn’t any other publicly known couple to have faced the same issue, the law still shows gaps, should there be other people willing to try out surrogacy. Marie Louise Mukashema, a lawyer at the Legal Aid Forum, said that surrogacy is legal in Rwanda but there is a need to detail the law with more information regarding the child’s rights. The Director of Centre for Health and Rights at Health Development Initiative, Christopher Sengoga, said that article 254 of the family law states the mode of reproduction but no more details. He said that it shows how reproduction occurs naturally between a man and woman or is medically assisted, but doesn’t talk about the rights of the child born out of surrogacy, and no duties of both the intended parents and surrogate parent. “The law is not clear on who should the child be registered under, among parents, duties and obligations of both parties. What happens if the parties don’t agree on terms and conditions? I mean there are a lot of issues involved and are not regulated.” Evode Kayitana, a lecturer at the University of Rwanda, said that, the family law should be amended to be able to answer questions related to surrogacy; the surrogate mother and the child, who breastfeeds the baby for example. “Does the surrogate mother get to stay with the baby? Is the surrogate paid? How is she compensated? What if the family that wants a child disappears after the surrogate mother is already pregnant? All this needs regulation.” Mukashema concluded that the institutions in charge such as Ministry of Gender and Family Promotion and Ministry of Health and others, should issue a ministerial order to detail provisions accordingly so that it can be able to protect all parties involved.

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Surrogacy: Experts call for amendments to family law