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Originally published by Nation Newstop
June 17, 2026
11h ago
Who is liable when surrogate baby is born with deformity?

Fertility clinics may face scrutiny where donor screening obligations were not adequately discharged...
✨ Key Highlights
Kenya faces a significant legal vacuum regarding accountability when donor-conceived children are born with serious deformities, leaving parents, clinics, and surrogates in an uncertain situation.
- Kenya currently lacks a comprehensive legal framework to determine liability in such cases.
- The Assisted Reproductive Technology Bill, 2022, aims to address these gaps but is yet to become law.
- Lawyers emphasize that accountability currently hinges on written contracts, medical evidence, and contractual agreements, with the surrogate mother's role primarily being a gestational carrier.
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