Lawmakers have introduced a proposal that could completely transform the country’s reproductive health system, sparking a nationwide debate.
The proposed Sperm Donors Bill seeks to regulate assisted reproduction and impose strict penalties on anyone involved in unregistered sperm donation, egg donation, or surrogacy.
The bill suggests that violators could be fined up to Ksh10 million or jailed for five years, a move that has been met with mixed reactions from citizens and health experts.
The bill aims to address what officials describe as a growing, unregulated fertility market that has allowed brokers and unlicensed clinics to take advantage of couples desperate to have children.
It proposes that all sperm and egg donors must be registered and approved by the Health Cabinet Secretary before participating in any reproductive program. Additionally, all fertility materials such as embryos and gametes would have to be stored only in licensed medical facilities.
Those found handling or transferring genetic materials without proper documentation would face severe punishment.
Supporters of the bill believe it will protect children born through assisted reproduction by ensuring traceability and preventing cases of exploitation. They also argue that regulation will bring order to a sector that has operated without oversight for years.
However, critics have raised strong objections, saying that the penalties are too harsh and could discourage legitimate donors who are crucial to helping infertile couples. Medical experts warn that such a law could push fertility practices underground and worsen the situation for couples already struggling with infertility.
Many Kenyans have also taken to social media to express their anger and frustration, accusing lawmakers of engaging in moral policing.
Civil rights activists say the bill reflects outdated beliefs about reproductive health and interferes with private medical decisions. They argue that instead of punishing donors, the government should invest in public education, promote ethical practices, and ensure that fertility treatment is affordable and accessible.
Privacy concerns have also been raised, with critics warning that the proposed registration system could expose personal medical information to government scrutiny.
Fertility advocates have urged Parliament to reconsider the punitive nature of the bill and instead focus on developing a balanced regulatory framework. They propose that the government reduce the fine amounts and replace criminal penalties with counseling, education, and medical support for donors. Experts also emphasize the need for a national fertility policy that encourages transparency while protecting the rights of all individuals involved.
A Nairobi-based fertility doctor noted that while regulation is necessary, the current version of the bill is more likely to instill fear than order. He warned that many couples might be forced to seek treatment abroad if the law is passed in its current form, which would increase costs and limit access to reproductive care for ordinary Kenyans.
Activists have now called for a national discussion on reproductive rights before any decision is made in Parliament.
They believe such a sensitive issue should be guided by science, compassion, and respect for human rights, rather than punishment. If enacted, the Sperm Donors Bill would mark a significant turning point in Kenya’s reproductive laws by introducing the country’s first national donor registry and mandatory screening system.
However, unless reviewed carefully, it could also deter potential donors and make infertility treatment even harder to access for many families. The coming weeks will determine whether lawmakers choose a path of reform or restriction in shaping Kenya’s reproductive future.
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