Kenya’s reproductive health landscape faces a major shake-up after lawmakers proposed a new law that could see sperm donors and surrogates fined up to Ksh10 million or jailed for five years.
The Sperm Donors Bill, tabled in Parliament, aims to regulate assisted reproduction and clamp down on what officials describe as a growing unregulated fertility market.
The proposed law has stirred heated debate among Kenyans, with critics warning that it could criminalize the most private and sensitive paths to parenthood. The bill seeks to introduce strict licensing, medical testing, and registration requirements for all individuals involved in sperm donation, egg donation, or surrogacy.
Supporters of the bill claim it will protect children born through assisted reproduction, while opponents argue it will push fertility practices underground and make treatment even less accessible for couples struggling with infertility.
Sperm Donors Bill Aims to Regulate Kenya’s Fertility Industry
The Sperm Donors Bill introduces sweeping controls on assisted reproduction, covering everything from sperm banks to fertility clinics and surrogate arrangements. Under the proposal, any person who donates sperm or eggs without registration and approval from the Health Cabinet Secretary could face a fine of Ksh10 million or a five-year jail term.
The bill also mandates that all reproductive materials, including embryos and gametes, be stored only in licensed medical facilities. Individuals or clinics found transferring, selling, or handling genetic material without proper documentation would face harsh penalties.
Health experts say Kenya’s fertility industry has been largely unregulated, allowing illegal brokers to operate and exploit desperate couples. The bill seeks to tighten oversight by requiring all fertility centers and doctors offering assisted reproduction to obtain government authorization.
However, many medical professionals believe the penalties are extreme and could discourage legitimate donors who provide crucial help to infertile couples. They warn that the law could worsen Kenya’s already low sperm donation rates, forcing more couples to travel abroad for treatment.
Kenyans Voice Fears of Overreach and Moral Policing
Public reaction to the Sperm Donors Bill has been mixed, with online users and civil rights activists accusing lawmakers of moral policing. Critics say the proposal reflects outdated attitudes toward reproductive health and ignores the emotional and financial challenges faced by infertile couples.
Some citizens argue that instead of punishing donors, the government should focus on educating the public about safe and ethical fertility practices. Others fear that strict registration requirements could violate privacy rights, making personal medical information accessible to state agencies.
A Nairobi-based fertility advocate told reporters that Kenya risks becoming one of the hardest countries in Africa for assisted reproduction. She said the government should prioritize making fertility services affordable and accessible instead of imposing punitive fines.
Lawmakers behind the bill, however, insist that regulation is overdue. They claim the legislation will protect children born through assisted methods from identity confusion and exploitation by unverified donors.
Fertility Experts Call for Revision and Public Dialogue
Fertility specialists across the country have urged Parliament to review key sections of the Sperm Donors Bill before passing it into law. They say the bill should balance regulation with compassion, ensuring that ethical practices are maintained without punishing willing donors.
Experts propose reducing the fine amount and introducing counseling and medical education for donors rather than criminal penalties. They also want the government to create a national fertility policy that promotes transparency and protects the rights of all parties involved.
A fertility doctor in Nairobi said Kenya needs clear rules, not fear. He explained that without supportive policies, both donors and intended parents might seek unsafe alternatives, increasing health risks for women and children.
Activists are now calling for a national discussion on reproductive rights to prevent the bill from being rushed through Parliament without public input. They argue that decisions about fertility and family planning should be guided by science and human rights, not punishment.
What the Proposed Law Means for the Future
If enacted, the Sperm Donors Bill will mark a turning point in Kenya’s reproductive health laws. It could establish the country’s first national registry for sperm and egg donors and introduce mandatory screening to ensure medical safety.
However, the bill’s heavy fines and jail terms remain controversial. Many fear it could drive potential donors away and worsen infertility challenges in a country where one in six couples already struggle to conceive.
The final decision now rests with lawmakers, who must weigh public concern against the need for regulation. Whether Parliament chooses reform or restriction, the outcome will shape how Kenya defines the boundaries of reproductive freedom for years to come.
