Members of Parliament on February 17 began analysing a new healthcare bill, which could legalise surrogacy in Rwanda if it’s voted into law. Some MPs raised concerns about the risks that could arise if the bill is passed, such as turning surrogacy into a money-making practice.

The Minister of Health, Dr Sabin Nsanzimana, who tabled the draft law, said ethical and regulatory considerations were made during its preparation to ensure that surrogacy would help couples who cannot get a child and to prevent attempts by potential surrogate mothers to misuse the law for material gains.

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Under the bill, assisted reproductive technologies refer to fertility treatments and procedures that help couples who face difficulties conceiving. Surrogacy is defined as a third-party reproductive practice in which a commissioning parent or person contracts a surrogate mother to give birth to a child.

Surrogacy will be permitted if a medical doctor determines that the intended parent is unable to conceive or give birth, or the pregnancy would endanger her life or that of the child.

"If a legally married couple is unable to have a child, they may seek the help of a third party to carry the baby on their behalf. This approach stems from advancements in medical technology aimed at assisting couples in need,” Dr Nsanzimana told MPs.

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The Minister also said that the government aims to ensure that surrogacy does not become a commercial enterprise.

"There is no set price for surrogacy, we want to prevent people from turning it into a business. Our approach will be similar to organ donation, where a doctor identifies a suitable donor based on medical criteria rather than financial incentives,” Nsanzimana said.

However, according to the bill, the intended parent has an obligation to cover all medical expenses related to the surrogacy process up to six weeks after birth. The intended parent or couple must avoid harassing the surrogate mother and must accept the outcome of the pregnancy, and raise the child.

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To reinforce this, a strict medical protocol will be in place, detailing what is permissible and what is not, the minister said. The legal contract will outline responsibilities between the egg donor, the surrogate mother, and medical professionals to ensure ethical compliance.

"One of the challenges seen in other countries is surrogate mothers refusing to hand over the child after birth due to emotional attachment. To mitigate such issues, Rwanda’s law will include clear medical and legal guidelines to facilitate the handover process and ensure the well-being of both the baby and the intended parents,” Nsanzimana said.

The bill also introduces limits on how often an individual can participate in surrogacy or donate reproductive cells.

"No one should donate eggs or sperm more than three times, and surrogacy will have similar restrictions to protect the health of the surrogate mother. Additionally, the process will only be available to individuals aged between 21 to 40, as recommended by medical research,” Nsanzimana said.