Rwanda: Nyarugenge Court to Rule on Surrogacy Case Appeal

The Nyarugenge Intermediate Court will on Wednesday, August 12, rule on a surrogacy case that has sparked debates among the public on whether surrogacy is legal in Rwanda.

The ruling follows an appeal by a couple that went to court after other infertility treatments were not successful and doctors advised them to get a go-ahead from courts of law before they can begin medical surrogacy procedures.

On June 30, the Kicukiro Primary Court, the judge ruled to block this procedure saying that the law provides that "procreation occurs between a man and a woman or with assistance" while the petitioners were seeking reproduction between two families for which the law is silent.

The ruling sparked debate as to whether surrogacy is legal in Rwanda or not. Mostly through social media. Members of the public raised concerns that the law does not provide enough details on the procedure.

The idea must be new in our law system. I think the next is involving many people which shows many risks and rights, the law has not clearly tackled them. The law makers should design it for this purpose.

- Mutako Alphonsine (@MutakoAlphonci1) August 8, 2020

The Rwandan Law Governing Persons and Families stipulates that the mode of reproduction in Rwanda is naturally between a man and a woman or it can be medically assisted.

The law is not clear on surrogacy matters specifically. It lacks many other components on surrogacy such as the laws governing the surrogacy contract/agreement, physical, financial & psychological factors are not talked about in that law. We have no facilities neither expertise.

- eLHAMiiD (@eLHAMiiD) August 6, 2020

The debate on understanding how surrogacy works and its legal framework will be the topic for this week's popular TV show - The Square - that airs every Wednesday on the public broadcaster, RBA from 9.p.m.

Hey friends! Tune in to @RwandaSquare this Wednesday for an informative conversation on Surrogacy in #Rwanda: Legal & Ethical Frameworks. Our guests are Dr. @ngogaeu Chief Ob-Gyn Consultant @RwaMilitaryHosp & Christian Garuka, Human Rights Lawyer. Tweet us using #TheSquareRw

- The Square Rwanda (@RwandaSquare) August 11, 2020

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