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{
    "id": 1369187,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1369187/?format=api",
    "text_counter": 366,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr) Ojiambo Oundo",
    "speaker": null,
    "content": "There are three fundamental issues that I would like to raise here. One, and my colleagues have also raised it, as a Catholic, I would like to know who is supposed to benefit from this. Is it any person who is unable to accept to go through the process? For example, if a lady feels she probably does not want to deform her belly, would she go for surrogate motherhood? Will the law allow? Or is it a case where it is proven beyond reasonable doubt that the lady is unable to carry a pregnancy to term? Is it a case of genetic selection where a lady sees that the Speaker is a very prominent person in this country, and the husband is not, and convinces him to go genetic modification? What are we looking at? Secondly, is it for married couples only, or also for those who enter marriage for the convenience of getting children? Those are some of the issues that we must address. Second is a very critical matter. Clause 35 of the Bill provides that at 18, a child born out of a surrogacy arrangement or under this Act can seek to know the correct position or get detailed records concerning their conception and the entire process. As I said, having a child is not only a physical and blood matter, but also an emotional matter. There may be a case where a child who has attained 18 years, and parents have invested heavily, finds out their rightful parents and thereafter abandons the surrogate ones. What recourse do we have under Article 57 of the Constitution that requires all members of society to be taken care of by the family? What are the moral obligations? This Bill only speaks on the rights of the child, the surrogate parents or the donor, but does not talk about the rights of the parents who have taken care of the child to maturity. At the Committee of the whole House, we must deal with those moral and medical issues. Hon. Sunkuli raised a very critical issue: That by the very nature of this arrangement, an embryo is fertilised outside the womb of a woman. The Bill makes a provision that, that arrangement can be terminated before implantation in the event the contracting parties disagree. The question we will ask ourselves is: When does life begin? Does it begin at conception? That is where I will seek the technical expertise of Hon. Nyikal. Is an embryo fertilised in a test tube? Does life start there, or does it start when it is implanted into a woman's womb? We must delve into these moral, constitutional and religious issues. As much as this Bill aims to address a very fundamental issue, we must also not lose sight of our culture, the Constitution or religious arrangements. That will enable us to tie it all together. I must commend Hon. Millie for getting out of her way because those things are happening. We must also incorporate traditional approaches to solving issues of childlessness or barrenness that we have had for all those years. This will enable us to integrate technology, but also allow the natural process. Thank you, Hon. Temporary Speaker."
}