New Bill Restricts Surrogacy to Women With Fertility Challenges, Health Issues

Sarah Opendi, the Member of Parliament for Tororo District Woman Representative, has introduced the Human Assisted Reproductive Technology Bill 2023 in Parliament. Opendi aims to regulate the growing number of fertility clinics in Uganda, which currently operate without any legislative framework.

The bill includes strict provisions, such as imposing a 10-year jail term or a fine of Shs200 million on any medical practitioner who harvests an embryo or gamete from an individual below 18 years of age. Additionally, under Clause 21, surrogacy in Uganda would only be permitted for individuals facing fertility and health challenges and those aged above 18 years.

During a House sitting on Tuesday, 05 March 2024, the Deputy Speaker, Thomas Tayebwa, sent the Bill to the Committee on Health for review.

Opendi stated that the contents in the bill are already in many African countries but lack corresponding legislation.

” We have consulted all the stakeholders widely and to our surprise, many African countries that actually started these services 30years ago don’t even have any legislation. So, Uganda, will be one of the few countries where other countries will benchmark if this bill is passed” said opendi

Opendi explained that the Bill is needed to regulate the increasing number of fertility clinics in Uganda operating without any laws governing them.

In Clause 21 of the the Human-Assisted Reproductive Technology Bill, 2023, Opendi is proposing surrogacy in Uganda to only be limited to individuals with fertility and health challenges and to people aged above 18years.

In clause 17 of the Bill, Hon Opendi has proposed a 10year jail term or fine of Shs200M to be imposed on any medical practitioner who harvests an embryo or gamete from any individual below 18years.

According to the Centre for Disease Control, these procedures involve taking eggs from a woman’s ovaries, fertilizing them with sperm in a lab, and then placing them back into the woman’s body or donating them to another woman.

Furthermore, it proposes designating the Medical and Dental Practitioners Council to oversee the implementation of the Act.

The Human Assisted Reproductive Technolog Bill 2023 will permit the Council to licence a private hospital, clinic, maternity centre or other specialized establishment as well as Government facilities of the same nature.

The Council’s responsibilities include regulating and supervising the use of assisted reproductive technology, recommending designated health units as fertility centres, approving sperm, oocyte, and embryo banks, enforcing standards, and maintaining a register of assisted reproductive technology.

Parliament first allowed Opendi to present the Private Member’s Bill in July 2022.