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In 2022, Member of Parliament for Suba North Constituency, Millie Odhiambo Mabona, introduced the Assisted Reproductive Technology Bill (2022) in the National Assembly.
The proposed legislation aims to regulate assisted reproductive technology (ART), prohibit unethical practices in connection with ART, establish an Assisted Reproductive Technology Directorate, and make provisions for children born through ART processes.
A key focus of the Bill is to establish guidelines for the practice of surrogacy—an arrangement where a woman (the surrogate) agrees to conceive, carry, and give birth to a child for another person (the intended parent).
Surrogacy involves a mutual understanding that the surrogate will hand over the child upon birth. Millie’s proposed guidelines aim to regulate this practice to ensure transparency, fairness, and the protection of all parties involved.
Lack of progress
Despite being introduced two years ago, the Assisted Reproductive Technology Bill has yet to be debated in Parliament.
Speaking during a session on 5 December, Millie Odhiambo expressed frustration over what she described as "gatekeeping" by members of the House.
She accused Parliament of delaying her Bill, despite its importance to individuals and couples who struggle with infertility.
Millie revealed that the Bill was referred for winnowing in April 2024 and stated that she had been available for every meeting. However, disagreements among members have stalled progress.
This is Assisted Reproduction Bill which is helping a section of the society of like me who don't have children. Not eveyrbody. It is wrong for me to feel frustarted by the house
Millie plea
The MP, visibly frustrated, demanded that the House prioritise her Bill. She questioned why two other private members’ Bills, introduced after hers, had been listed for debate ahead of her own.
If it’s an issue of seniority, I support both Bills, but they are younger than mine. Why are their Bills listed before mine? If it’s an issue of procedure, a Bill that has already been started takes precedence. So why is mine not here?.
She also hinted at the possibility of inferring bias against her Bill, stating: “In my frustrations, I might be forced to infer issues that I don’t want to. But if this goes on, I will infer. I am a minority whip and I try to be a good girl, but the fire in me as the bad girl is still burning.”
A personal stake
Millie’s advocacy for the Assisted Reproductive Technology Bill is deeply personal. She opened up about her own struggles with childlessness, stating that the Bill addresses the needs of a section of society, including women like herself who cannot have children.
If my bill is being frustrated, I and many other women who cannot have children do not have to go through this in the house...It takes a lot as a woman in her 50s to stand in Parliament and tell you I am childless. Nobody talks about it publicly. It’s wrong for this House to subject me to this.
Millie also emphasised that her Seventh-day Adventist faith does not prohibit her from using assisted reproductive technology.
She called for amendments to accommodate other faiths that may have objections to surrogacy but urged Parliament not to punish couples facing discrimination and stigma due to infertility.
I am a Seventh Day Adventist and my church has not stopped me from having children through assisted reproductive technology.. Let us bring amendments that are conscious to other faiths that do not want to bring issues of surrogacy , but don't punish couples who are discriminated, stigmatised.
Brig my bill. Let iit fail but bring it... Otherwise it will go on record that this house do not want to support women who do not have children.
Provisions of the Bill
The Assisted Reproductive Technology Bill includes key provisions to regulate surrogacy. Section 28 of the Bill outlines essential elements of a surrogacy contract, including:
1. Capacity of the parties involved
2. Consent of all parties
3. Rights and obligations of the parties
4. The requirement for the contract to be in writing and signed by the involved parties.
Modern surrogacy often involves medical procedures such as In-Vitro Fertilisation (IVF) or Artificial Reproductive Technology (ART). These advancements provide hope to many individuals and couples struggling with infertility.