The Human Assisted Reproductive Technology Bill, 2023 Under Scrutiny , Health Committee Rejects UHRC Proposals

Some legislators on the Health Committee have rejected the proposal by Uganda Human Rights Commission, to allow all women irrespective of their fertility status, to access surrogacy services, arguing that this would give "too much freedom" to women, who will end up contracting other women to carry their babies, because they don't want to spoil their figures due to the bodily changes that come with pregnancy.

 The protest was led by Joseph Ruyonga, Chairperson Parliament’s Health Committee, who is also a Medical Doctor by profession, but without quoting any study to back up his claims, made the remarks during the consideration of the Human-Assisted Reproductive Technology Bill, 2023.

The Uganda Human Rights Commission has asked Parliament to ban any trade into surrogacy in Uganda, in order to protect girls and women from exploitation and becoming victims of human trafficking. The Commission also proposed that intending surrogate mothers should have previously given birth to at least one child as an eligibility criteria, saying this is intended to protect surrogate mothers from the risk of not having children of their own due to complications that may arise that may have occurred during the surrogacy process.

However, Sarah Ssekindi the director monitoring and inspection at Uganda Human Rights Commission says, “With the demand for surrogate mothers, companies may be established to supply surrogate mothers. You know Ugandans, we are quick at seeing everything in a business form. So we are anticipating that we shall see companies, hiring girls to become surrogate mothers. International surrogacy has emerged as an emerging industry. Unfortunately, this has led to exploitation and trafficking of women, and the Commission is recommending that the Bill should ban any trade in surrogacy or establishment of companies that supply surrogate mothers. We need to protect our women and girls from exploitation."

In March 2024, Sarah Opendi the District Woman Representative for Tororo tabled The Human Assisted Reproductive Technology Bill, 2023 citing the need for Uganda to regulate the fertility industry that had recorded an increase in the number of people opting for human assisted reproductive technology through various fertility solutions, including the use of In Vitro Fertilisation treatment, commonly known as "IVF", surrogacy, but there was no law to regulate the sector.

In Clause 21 of the Bill, Opendi proposed conditions upon which individuals can be allowed to use fertility services including if; (a) the intending parent suffers primary or secondary infertility; or (b) the intending parent suffers health challenges which affect the intending parent's ability to reproduce.

This bill is meant to restrict the use of surrogacy to individuals with infertility or health challenges that prevent them from reproducing naturally. 

Also seeks to set the minimum age for surrogates to 18 and the Medical practitioners who defy these provisions can be imprisoned for up to five years if the bill passes.

Medical practitioners can also be jailed for life if they use their own gametes or embryos or those not selected by their clients. Donors must also be free of genetic diseases.

The bill also seeks to license fertility centres and regulate the donation and storage of sperm, oocytes and embryos. The bill also seeks to introduce protections for children born through assisted reproduction.