MEDICALLY ASSISTED PROCREATION TECHNOLOGIES IN RWANDA: SURROGACY AS NEW METHOD OF MOTHERHOOD

Authors

Abstract

The evolution of science and technology has attained achievements in countless areas including health and family procreation. Medically assisted reproduction methods which are possible nowadays have wiped away the tears of infertile couples who could not have the chance to have children due to various health problems. The need was felt in Rwandan society and thelaw regulating Persons and Family was amended to give a chance to those who have been unable to procreate through natural methods to use artificial methods for reproduction. Article 254 of said law states that reproduction occurs naturally between a man and a woman or it is medically assisted. Thisdirects the couple to resort to various medical reproductive methods includingIn Vitro Fertilization (IVF) and surrogacy. However, much these technological methods of reproduction are of paramount importance, because their introduction into Rwandan Family Law is likely to open Pandora’s Box. It is likely to raise various issues, not only for the persons directly concerned, but also for society in general. There are a series of issuessuch as human rights, social, ethical, and criminal offence connected with this medically assisted reproduction which need to be examined when relying on Article 254 of the above- stated law. In this regard, this article intends to elucidate on whether surrogacy as an artificial method of reproduction is accepted within the meaning of Article 254 of law Nº32/2016 of 28/08/2016Governing Persons and Family. It also intends to clarify whether the maternal filiation be established based onproof of genetic kinship or on the act of giving birth. The article also examinesif Article 254 is sufficient to regulate all issues and challenges arising from authorizing infertile couples to resort to medical assistance when the naturalway of reproduction does not succeed. It suggests that there should be specific legislation and adequate legal mechanisms of controls and regulations of medically assisted technology to deter likely misuse of Artificial Reproductive Technologies.

Table of Contents

• 1. GENERAL INTRODUCTION
• 2. OBJECTIVES OF THE RESEARCH PAPER
• 1. Is the surrogacy method accepted within the meaning of Article 254of law Nº32/2016 of 28/08/2016 Governing Persons and Family?
• 2. Can maternal filiation be established based on proof of genetic kinship or on the act of giving birth?
• 3. Is Article 254 sufficient to regulate all issues and challenges arising from the surrogacy method?
• 3. DEFINITION OF KEY CONCEPTS
• 4. SURROGACY METHOD OF MOTHERHOOD
• 5. SOCIO-ETHICAL ISSUES AND SURROGACY
• 5.1. Consent Between the Couple Intending to Have a Child
• 6. HUMAN RIGHTS AND SURROGACY
• 6.1. Surrogacy Arrangement and the Best Interests of the Child
• 6.2. Issue of Filiation Under Rwandan Law in Surrogacy Arrangement
• 7. LEGAL ISSUES AND CHALLENGES
• 7.1. Issue of Public Policy in the Surrogacy Contract
• 7.2. Object in Surrogacy Contract
• 7.3. Licit Cause in Surrogacy Contract
• 7.4. Commercial Aspect of Surrogacy
• 8. STATES THAT PERMIT AND REGULATE NON-COMMERCIAL SURROGACY
• 9. GENERAL CONCLUSION
• 9.1. Recommendations