A new draft law governing healthcare services contains provisions on assisted reproductive technologies, including surrogacy, to help couples with difficulty conceiving to have children.
Under the bill, assisted reproductive technologies mean fertility treatments and procedures that assist couples with difficulties or inability to conceive children, with surrogacy defined as a form of third-party reproductive practice in which a commissioning parent or person contracts a surrogate mother to give birth to a child.
The bill, which the government tabled before parliament on November 5, gives details on such technologies which are briefly provided for in the law of 2024 governing persons and family.
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The Minister of Health Sabin Nsanzimana said that due to the increase in the number of people who need assisted reproductive technology services – including surrogacy – that help couples who cannot conceive naturally, and that these services have started to be provided in Rwanda, “we realise that it is good to help ensure that those services are accessible to those who need them.”
1. Grounds for surrogacy acceptance
According to the bill surrogacy is accepted if a medical doctor determines that the intended parent [the one who intends to have or raise the child] is unable to conceive or give birth; or a medical doctor determines that the life of the intended parent or that of the child would be in danger during pregnancy or delivery.
2. Requirements to be a surrogate mother
A surrogate mother must fulfil conditions namely to be between the ages of 21 and 40 years; to have been able to conceive and give birth without complications; and to be in good health.
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3. Obligations of an intended parent
An intended parent has the obligations to identify a surrogate mother; to cover all medical expenses related to the surrogacy process up to six weeks after delivery; to avoid harassing the surrogate mother; to accept the outcome of the pregnancy; and to raise the child.
4. Obligations of the surrogate mother
A surrogate mother is obligated to agree with treatment modalities after information given by a medical doctor; to carry the pregnancy following the antenatal care guidelines from conception until delivery; to avoid activities and behaviours that may endanger her life and that of the unborn child; to keep constant communication with the intended parent; and to hand the newborn to the intended parent immediately after delivery unless the intended parent decides otherwise.
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5. Responsibilities of a healthcare facility
A healthcare facility that provides assisted reproductive technology services [including surrogacy], has the responsibilities to provide information on treatment modalities and counselling services to the intended parent and the surrogate mother; to place the embryo in the uterus of the surrogate mother; to keep full and accurate records related to treatment services; and to observe confidentiality.
6. Agreement between an intended parent and a surrogate mother
An intended parent and a surrogate mother sign an agreement before a notary prior to consulting a healthcare facility.
A surrogate mother is compensated for expenses incurred during the surrogacy process, and the amount to be given is based on a mutual agreement, as per the bill.
Meanwhile, as per the bill, no person is allowed to use a gamete for the purpose of creating an embryo unless the donor of the gamete has given written consent, and a gamete of another person cannot be used without the consent of the recipient couple and the donor.
A child born with the help of assisted reproductive technology has the same legal rights as that of a child born through the natural process, the bill provides.
The Ministry in charge of health is the competent authority to grant authorisation to a healthcare facility that wishes to provide assisted reproductive technology services.
