Rwanda expands surrogacy access: Who is eligible now?

Single people who are unable to have children naturally due to medical reasons confirmed by a doctor may now be eligible for surrogacy following an amendment to proposals in the new healthcare service bill. The change comes after adjustments were made to the original bill proposal to clarify who qualifies for assisted reproductive technologies (ART), including surrogacy – defined in the bill as a third-party reproductive arrangement where a surrogate mother carries and delivers a child for another person or couple. With such an amendment, the bill now opens the door for a broader range of individuals—married or not—to access reproductive healthcare services in Rwanda, provided there is a medically validated need. ALSO READ: Surrogacy: Six key proposals in new bill While presenting a parliamentary report on the bill analysis, MP Veneranda Uwamariya, Chairperson of the Committee on Social Affairs, said that the initial proposal did not clearly define who could access ART services. She pointed out that while the interpretation section of the bill stated ART services were for couples with difficulties conceiving, Article 68 vaguely referred to healthcare service users who cannot conceive naturally. Article 69 restricted access to couples with infertility or individuals preserving their fertility, and Article 73 limited gamete or embryo donations to no more than three couples. “After discussions and consultations with government representative, committee members agreed that ART services should be available not only to married couples but also to other individuals who are unable to conceive naturally, provided that a medical doctor confirms the condition,” Uwamariya said. Regarding surrogacy specifically, Article 77 of the bill states that it is permitted if a medical professional determines that the intended parent cannot conceive or give birth, or that pregnancy would endanger their life or the child’s. ALSO READ: Surrogacy: Civil society seeks clearer legislation on pregnancy risks During parliamentary discussions, some MPs raised concerns about ambiguous language in the bill, particularly the reference to “another person” eligible for surrogacy. They questioned whether this phrase included unmarried individuals. MP Gloriose Mukamwiza pointed to the need to extend surrogacy eligibility to unmarried individuals. She highlighted societal factors, such as gender imbalance and personal choice, which can leave some people unmarried despite wanting children. “There are cases where people remain unmarried by choice and or lacked partners, but want to have children,” she said, suggesting that they too should have access to reproductive options like surrogacy. Clarification from the Ministry of Health Responding to the concern, the Minister of State for Health, Dr. Yvan Butera, clarified that assisted reproductive technology is for anyone who has a biological reason preventing natural conception, pointing out that the bill does not intend to exclude them. “In general, [regarding] assisted reproductive technology, what we're saying here is that anyone who has a biologic issue that doesn't allow them to conceive naturally, is going to be allowed to benefit from services that we have,” he said. He explained that infertility can result from various causes, including natural conditions or medical treatments like chemotherapy, which may impair fertility in both men and women. In such cases, he said, available ART methods, including surrogacy, are meant to support those individuals in having children.

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Rwanda expands surrogacy access: Who is eligible now?