The new healthcare services bill passed by the Parliament on Monday, August 4, outlines procedures and obligations for surrogacy agreements in Rwanda, establishing a legal framework for intended parents, surrogate mothers, and healthcare facilities.

Under the bill, a surrogate mother is not to be paid, but will just be compensated for expenses incurred during the process, for example cost of treatment, check-ups, diet, among others.

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The intended parent and the surrogate mother are required to sign an agreement before a notary. Here are a couple of things that are should be verified and agreed upon:

- Intended mother’s inability to bear children

Surrogacy in Rwanda is permitted if a licensed medical doctor confirms that the intended parent is unable to conceive or give birth, or that carrying the pregnancy would pose a danger to the health or life of the parent or the child.

- The surrogate mother has to be between 21 and 40

The bill sets specific criteria for surrogate mothers, including being between the ages of 21 and 40, having previously given birth without complications, and being in good overall health.

- Intended parents are responsible for identifying the surrogate mother

Intended parents are responsible for identifying a surrogate mother, covering all medical expenses related to the process through to six weeks after birth, refraining from any form of harassment, accepting the outcome of the pregnancy, and raising the child once born.

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- Surrogate mother must abide by doctor’s treatment modalities

The surrogate mother must agree to treatment modalities as explained by a doctor, follow antenatal care guidelines throughout the pregnancy, avoid behaviours that may pose a risk to her health or the unborn child, maintain regular communication with the intended parent, and hand over the child after birth, unless the intended parent decides otherwise.

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What activists think

Aflodis Kagaba, Executive Director of Health Development Initiative (HDI), an organisation focusing on improving the quality and accessibility of healthcare for all Rwandans, explained that Rwanda is discouraging commercial surrogacy by ensuring that any compensation is linked directly to the actual needs of the surrogate mother during pregnancy.

These may include health insurance and a proper diet, among other necessities. He stressed that limiting commercial surrogacy is particularly important to protect women who may otherwise be exploited.

Jacques Nsengiyumva, Executive Director of the Rwanda Women, Adolescent, and Child Health Initiative (RWACHI), said the law is timely and may be important in addressing family issues linked to infertility.