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{
    "id": 697187,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/697187/?format=api",
    "text_counter": 306,
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    "content": "in an amendment to the Employment Act and my argument was simple. If you read Article 53 (1) of the Constitution on the specific application of rights, in fact, it is very specific to children. That every child has the right to; (a) to a name and nationality from birth to free and compulsory basic education to basic nutrition all the way to (f). Mr. Temporary Speaker, Sir, this Bill does not allow us to categorise a child as a biological child, an adopted child, an IVF child or a surrogate child. It equalises the rights of children. It gives those rights and does not segregate on how the child was born as long as they are born, whether through IVF, adoption, biological and so forth. Children must share the enjoyment of the rights as provided for under Article 53. There is also the issue of access of information that has been dealt with by this Bill because under Article 35, any institution of Government has the right to actually release or rather any person has the right to obtain any information from a government institution. It gives the procedure of how one can access information. That is Part 33(5) and Article 33. The first one is the person applying must be over 18. A minor cannot walk into this Authority and ask. The Temporary Speaker, Sir, children cannot walk to the Authority to find out whether they were born from IVF or not. If they do so, they would need to be accompanied by a guardian with a written application. However, if you are an adult and you want to find out how you were born, that information cannot be denied from you because it is provided under Article 33. This Authority also we will have to keep the register. It will need to know how many children have actually been born from IVF. The other issue that I am very passionate about is surrogacy. However contentious it is, I look at the families that are going through the agony of having to go through surrogacy. I know it is happening because even in our culture, it used to happen. However, there has been no legal framework of how this should be done. In fact, if I am a surrogate mother for someone or for a couple and I decide that after birth I want to keep that child, there is no way the parents even with the prior agreement have any way of claiming that child. Secondly, for a surrogate mother even when someone carries your baby, you have to go through the adoption process to get your baby. Those are the laws that we are talking about in Kenya. Mr. Temporary Speaker, Sir, the adoption process in Kenya is not only tedious, but it is expensive and almost impossible. First, it is a very expensive affair, you have got to engage legal help and it takes a long time. The issue of surrogacy has to be controlled in a legal framework. This is the only chance that we can do that, but the children are also protected under Articles 30 and 31. A person cannot be surrogate mother unless you are 18 years and unless you make a written consent and agree that you relinquish all parental rights at birth over the child. Of course, unless a contrary intention is proved. That is also another issue that we will have to look at during the amendment stage to see what exactly it means that when I agree to be a surrogate, am I allowed to change my mind? The surrogacy agreements are provided. There is also need for counseling, especially for persons who want to find out whether they were born through an IVF. This has to be done keeping in mind that someone could grow up knowing that they were born in the normal way only to find out when they are 18 years that they were born through an"
}