Liz Jackson Calls for Legalising Surrogacy in Kenya

Influencer and entrepreneur Liz Jackson has sparked fresh debate on reproductive rights in Kenya.

This is after she publicly urge lawmakers to legalise and regulate surrogacy — revealing that she would personally choose to pursue it if it were legally recognised in the country.

In an Instagram post shared this week, Jackson highlighted the reality facing many Kenyans who want to build families through surrogacy but are left in a legal grey area due to the absence of specific laws governing the practice.

Tusker rally past Ulinzi to reach FKF Cup semifinals as Nairobi United bow out Football

Red hot Omanyala to orchestrate Kenya's 4x100m charge at World Relays today Athletics

“Kenya needs clear surrogacy laws — I would choose surrogacy myself if it were legal and protected by statute,” Jackson wrote, underlining the need for legislative reform. (Instagram)

No Clear Law Yet, Bill Still in Limbo

At present, Kenya has no specific statutory framework that guides or regulates surrogacy arrangements.

According to legal research, while the Constitution recognises the right to form a family, there is no dedicated law that explicitly governs surrogacy contracts or protects the rights of the child, the surrogate mother, and the intending parents under Kenyan law.

This lack of legislation has left the practice in a largely unregulated space, with decisions instead guided by courts or general family law.

Also Read: Liz Jackson Asked If Village Knows She's a "Widow," Her Response ...

Attempts to legislate on matters related to reproduction, including surrogacy, date back years.

One such effort is the Reproductive Healthcare Bill, which has been under discussion but has not yet become law.

Legal analysts note that because the Bill has faced significant pushback from various quarters, including religious groups and conservative stakeholders, much of its provisions — including those dealing with surrogacy — remain contested.

Why Legalisation Matters

Supporters of surrogacy reform argue that clear legislation would:

Ensure legal protection for all parties involved in surrogacy arrangements, including surrogate mothers and intending parents.

Clarify parental rights, so that children born through surrogacy are legally recognised as the children of the intended parents.

Reduce legal challenges and ambiguity that currently surround surrogacy agreements in the absence of binding law.

Without statutory regulation, surrogate agreements often fall into legal uncertainty.

For example, Kenyan case law has at times recognised commissioning parents as the legal parents through judicial interpretation — but this remains inconsistent, highlighting the need for explicit legal guidance.

Ongoing Bill Debates

The Reproductive Healthcare Bill — which if enacted could establish a statutory basis for assisted reproductive technologies including surrogacy — has been under parliamentary discussion for several years.

Proponents argue that it brings much-needed clarity to complex reproductive matters, while critics raise concerns about ethical, cultural, and procedural implications.

Jackson’s call adds a prominent public voice to an issue that affects a growing number of Kenyan couples, singles, and families who are exploring alternative pathways to parenthood — especially in cases where natural conception is not possible.

“My hope,” Jackson wrote, “is that Kenya creates laws that protect women, children, and families — and that no one should feel like they have to go outside their country or operate in legal uncertainty just to start a family.” (Instagram)

A Broader National Conversation

The conversation about surrogacy intersects with broader debates on reproductive rights in Kenya — including access to fertility treatments, IVF, and other assisted reproductive technologies.

Legal reform in these areas continues to draw attention from civil society, health advocates, and lawmakers alike.

As the Reproductive Healthcare Bill moves through its legislative journey, voices like Liz Jackson’s may help shape a future where surrogacy is no longer a legal grey area — but a clearly defined and protected option for Kenyans looking to build families through innovative reproductive methods.