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{
    "id": 1017586,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017586/?format=api",
    "text_counter": 170,
    "type": "speech",
    "speaker_name": "Limuru, JP",
    "speaker_title": "Hon. Peter Mwathi",
    "speaker": {
        "id": 104,
        "legal_name": "Peter Mungai Mwathi",
        "slug": "peter-mwathi"
    },
    "content": " Hon. Temporary Chairlady, I beg to move: THAT, Clause 3 of the Bill be amended in the proposed section 29A — (b) by inserting the following new subsections immediately after subsection (3) — “(3a) Where a child is born as a result of a surrogate motherhood agreement, an employee who is a commissioning parent, shall be entitled to – (a) two consecutive months’ parental leave with full pay from the date the child is born in the case of a female employee; and, (b) two weeks paternal leave with full pay, in the case of a male employee who is married. (3b) An employee who is eligible for leave under subsection (3a) shall give the employer not less than seven days’ written notice in advance or a shorter period as may be reasonable in the circumstances of the intention to proceed on parental or paternal leave, as the case may be, on a specified date and to return to work thereafter. (3c) A notice under subsection (3b) shall be accompanied by documentation evidencing the surrogate motherhood agreement between the employee and the surrogate mother, and if required by the employer, a certificate as to the medical condition of the surrogate mother from a qualified medical practitioner or midwife. (c) In sub-section (4) by deleting the words “subsection (1) and substituting therefor the words “this subsection”. The justification for the new section is that there is need to accord special consideration to parents who intend to obtain leave to enable them care for and apply for adoption of a child born as a result of a surrogate motherhood agreement. Firstly, a surrogate motherhood arrangement presents a unique situation where the primary caregiver of the newborn child is not the mother who gave birth since ordinarily, a surrogate agreement terminates upon birth of a child where a child is placed in the care of commissioning of the biological mother. Therefore, it is the commissioning of all biological parents who provide care and exercises control of the child and, therefore, require sufficient time after the child’s birth. In order to do so in the circumstances, it was noted that a period of two months would enable a commissioning mother to provide the necessary care to the newborn child before resuming work on a full-time basis. Secondly, it was noted that in Kenya, as it is presently, commissioning of a biological mother requires to apply to the court for adoption of her biological child born out of surrogate motherhood agreement. This is because the birth certificate and notification are both issued indicating the name of the surrogate or birthing mother and not the commissioning of the biological mother. The biological mother requires sufficient time to bond with the child and also apply for adoption. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}