Under the Children Act 2001 (No. 8 of 2001), Sections 24-28, paternity is determined by:
(a) The birth mother is the legal mother (Section 24).
(b) The husband at the time of birth is presumed the father (Section 25(1)). Outside marriage, paternity requires acknowledgment or judicial proof (Section 26).
For informal sperm donation (AI or NI), no provisions address donor status. A donor risks legal recognition as the father if biologically linked and proven via court order (Section 26), with no exemptions.
Assisted Reproduction:
Kenya has no specific ART legislation as of 2025, despite a draft Assisted Reproductive Technology Bill proposed in 2019 that hasn’t been enacted. Clinical ART (e.g., IVF) is available at private clinics like Nairobi IVF Centre, unregulated by statute and aimed at married couples.
Informal sperm donation lacks legal recognition or regulation. Cultural norms (over 80% Christian/Muslim, patrilineal traditions) favor marital reproduction, making it rare and leaving donors unprotected.
Single women and same-sex couples have limited access to ART due to cultural opposition and practical barriers, not explicit bans, though same-sex relationships face legal restrictions (Penal Code, Section 162).
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Children Act (Sections 25-26) prioritizes statutory paternity over private agreements.
A donor could face child support obligations if paternity is judicially established, with no statutory protection for informal arrangements.
Surrogacy:
Surrogacy is unregulated. The Children Act (Section 24) designates the birth mother as the legal mother, implying no recognition for surrogacy agreements.
Cultural taboos and lack of legal clarity make surrogacy rare; international arrangements require court recognition.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Children Act. Informal agreements are unenforceable unless validated by a court (Section 26).
Courts prioritize child welfare, potentially assigning paternity based on biology over donor intent.