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{
    "id": 697174,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/697174/?format=api",
    "text_counter": 293,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): I was on Clause 31 which deals with surrogacy. All this business is about surrogacy where parties to a marriage are not able to procreate. The material used from both parties or one of the parties, can be implanted in a natural woman for purposes of carrying the pregnancy until birth. After birth, the legal rights that the surrogate mother had on the child terminate immediately unless there is an agreement to the contrary. Mr. Temporary Speaker, Sir, Clause 31 provides that a surrogate mother will not be less than 25 years of age. There must be a specific request by a party to a marriage to carry out the surrogacy. The other provision which I wanted to highlight is Clause 31(2) which provides that:- “The surrogate mother shall carry the child on behalf of the parties to a marriage and shall relinquish all parental rights at birth over the child unless a contrary intention is provided.” Mr. Temporary Speaker, Sir, under Clause 32, for a surrogate mother to carry a child on behalf of the parties to a marriage, there must be a written consent in order to create parameters of rights and obligations of the parties. In summary, this Bill, first, legalises and regulates the issue of surrogate mothers. It provides an opportunity for parents who cannot give birth to children through the normal biological way of sexual intercourse to have children scientifically by providing for a surrogate mother to carry the child, based on reproductive material donated by the parties to a marriage. Mr. Temporary Speaker, Sir, that relationship is now being legalised because at the moment there is no legal framework for it. First, it protects surrogate mothers from abuse by parties to a marriage. Secondly, it protects the rights of the donors of the material so that once the surrogate mother fulfills her job, then the rights of the parties to a marriage are not diminished in any way. Finally, it is to equalize children who are born through surrogacy with children born through the natural way. The Bill establishes a regulatory body that will develop standards and guidelines because there are many other issues of a scientific, ethical, medical and socio-cultural nature that will arise in the implementation of this new idea about surrogacy. It is new in"
}