The law, particularly outlined in Articles 77 through 80, specifies who qualifies to be a surrogate, the responsibilities of both parties, compensation terms, and how the child should be handed over after birth.

According to MP Veneranda Uwamariya, Chairperson of the Health Commission, surrogacy will only be permitted if a licensed doctor confirms that the person requesting surrogacy is medically unable to conceive or that pregnancy would endanger the life of the woman or the baby.

The surrogate must be in good health and capable of carrying a pregnancy to term without complications. The law also clearly states that anyone above the age of 40 is not allowed to become a surrogate, even if they are still biologically capable of bearing children.

MP Muyango Mukayiranga Sylvie raised a concern regarding women over 40, arguing that some women remain fertile up to age 50. She questioned why they are excluded from surrogacy.

In response, the Commission explained that the age cap is a medical precaution. Women over 40 are statistically more likely to experience complications during pregnancy and childbirth, which could pose risks to both the surrogate and the baby.

Child Must Be Handed Over at Birth

The law stipulates that the baby must be handed over to the commissioning parents immediately after birth, unless they have made a different arrangement. This clause sparked questions among MPs, especially from MP Etienne Mvano Nsabimana, who asked why the surrogate is not allowed to breastfeed the baby for the standard 1000 days as recommended by the government.

Chairperson Uwamariya explained that prolonged contact between the surrogate and the baby could lead to emotional attachment, which might negatively affect both. “Since the child is being placed with the intended parents who wanted them and are ready to care for them, we believe this does not compromise the child’s well-being,” she said.

The surrogate mother is required to follow medical instructions, attend all necessary checkups, avoid behaviors that might endanger the pregnancy, and maintain regular communication with the commissioning parents. She must also agree to hand over the baby after delivery.

Meanwhile, the commissioning parents must find a suitable surrogate, cover all medical and related expenses until six weeks after childbirth, and must not pressure or harass the surrogate during the process.