Legal Parentage in Surrogacy Arrangements: an Immediate Concern in Kenya

Abstract

This study is divided into four chapters. Chapter one is a broad overview and layout of the research. It outlines the research project. This provides an overview of the essence of the research. It covers the background of the research, the statement of the problem, justification of the study, objectives of the study, hypothesis of the study, theoretical framework, literature review, methodology to be used and the limitations of the study. Chapter two highlights the critical factors considered when entering in legal parentage agreements in surrogacy arrangements. This chapter interrogates the arguments for and against surrogacy arrangements. The legal challenges that compound and undermine the surrogacy arrangements are also ventilated. It also outlines the contemporary challenges which are associated with the surrogacy arrangements owing to the fact that its evolving nature coupled with the use of technology which presents new challenges for the regulation of this practice. Chapter three discusses the current legal provisions that support legal parentage in surrogacy arrangements under the Constitution of Kenya, 2010 together with international instruments, and local pieces of legislation including the Children Act. This chapter also draws comparative parallels from best practices that Kenya can adopt from the UK; India; SA and US. It appraises, criticizes and highlights the shortcomings of the current provisions and seeks to propose the best practices applicable in the Kenyan jurisdiction. This Chapter also reviews local cases which have addressed issues surrounding legal parentage in surrogacy arrangements in Kenya. Chapter four is the final chapter of the study. It succinctly summarizes all the chapters of this study while highlighting the fundamental policy and principles discussed in all the previous chapters. This chapter also discusses the recommendations which should be adopted to ensure the enactment of a comprehensive Act of Parliament to govern surrogacy practice in the Republic of Kenya.