A draft law on health services, which is expected to provide more details on surrogacy in Rwanda, is awaiting parliamentary consideration, The New Times understands. This follows the enactment of the law of June 26, 2024 governing persons and family. According to the law, in article 279 – which provides for mode of reproduction – reproduction occurs naturally or by means of assisted reproductive technologies between a man and woman. It adds that assisted reproduction between a married man and woman may occur between them and a third party through a written contract in accordance with relevant laws. Indeed, the law does not mention which assisted reproductive technologies, such as surrogacy, are allowed in Rwanda, nor does it define them, which may lead to misinterpretation of its provisions. ALSO READ: Experts weigh in after Govt codifies surrogacy It does not provide for model surrogacy contracts, nor how to deal with conflicts that may arise from circumstances around it, such as miscarriage. Surrogacy is a form of third party reproductive practice in which intending parent(s) contract a surrogate mother to give birth to a child. In some cases, it is considered a treatment option available to couples with certain medical difficulties, in order to help them have their own genetic children. ALSO READ: Is surrogacy legal in Rwanda? Lawyers and doctors are confused Hamimu Kanzeguhera, a Legal Affairs Specialist at the Ministry of Gender and Family Promotion (MIGEPROF), told The New Times that the law only provided for the ‘principle’ [on reproduction that can occur naturally or by means of assisted reproductive technologies], adding that specifics will be given by the bill on health services. During discussions with players in the health sector, he said we were told that assisted reproduction has about seven types, that surrogacy is one of them. So, we agreed that assisted reproduction details will be contained in law on health services,” pointing out that a related bill was approved by the cabinet and is before parliament for deliberation. ALSO READ: Rwandan court backs surrogacy in landmark ruling Kanzeguhera said that model contracts and modalities for surrogacy to avoid a situation where contracting parties may have different deals that lack guidance, as well as relevant ministerial orders to help the implementation of the health services law – once enacted – will also be factored in. “The principle we had as a country is that it is not done commercially. That is why the principle given by the family law states that it is done between married people and a third party,” he said, observing that it is intended for curative effect to help couples that are unable to have children. He said that Rwanda's stance on assisted reproduction, particularly surrogacy, excludes commercial surrogacy. This is where a woman, without any health issues, chooses not to give birth herself but wants someone else to carry and deliver a child on her behalf, he explained. Countries such as Brazil, Canada, and Australia, only allow altruistic surrogacy, with commercial surrogacy being prohibited. This is intended to protect people from the risk of exploitation, according to available literature.
