Kenyan Law Plays Catch-Up With Surrogacy Issues

The constitution guarantees all the right to form and be part of a family. Article 45 (1) provides that the family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.

The right to family goes hand in hand with the rights of children. Many will tell you that children are the dream of most families. Many couples try from day one to bear children. No doubt these rights are enjoyed and safeguarded by a legal system and a structure that has a divine and constitutional framework. Article 43 (1) (a) provides that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care.

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