Surrogacy and the Law
In Febuary, 2023, The Ugandan Parliament passed the “Surrogacy and Assisted Reproductive Technology Act” into law, making Uganda the first country to proactively regulate surrogacy and create ethical surrogacy legislation and regulation.
– mandates protections for both Surrogates (Host Mothers) and Intended Parents.
– mandates that both Host Mothers and Intended Parents receive their own, independent legal council.
– mandates that all surrogacy funds be held in a licensed bonded third party escrow account.
– mandates that all taxes be withheld and paid through the escrow account.
– mandates that all Host Mothers have a psychological evaluation done prior to beginning their journey.
– mandates that all Host Mothers have autonomy over their bodies during the pregnancy.
– mandates that all Host Mothers be over the age of 21 and have had at least one child of their own.
– created the process for pre-birth orders and solidifies Intended Parents’ rights to their child.
– states heterosexual single parents and heterosexual couples can engage in Surrogacy to have a family.
In Uganda, there is a Women’s Minister that is elected by women only and her job is to advocate for women’s issues in Parliament. As a representative of Women, and the Prime Minister at the time, the Honerable Sarah Opendi wanted to ensure that women were protected if they chose to become surrogates in Uganda. There were a variety of practices that were concerning to her including no contact between the surrogate and the Intended Parents, mandatory c-sections, low compensation, etc. The Honerable Sarah Opendi spoke about her concerns with His Excellency the President and they decided to bring in experts from America to discuss the best practices and how those standards could fit into Ugandan culture. After several discussions, Lisa Stark Hughes was invited to come to Uganda to speak with all the stake holders and recommend legislation and regulations to help ensure the best experience for both Surrogates and Intended Parents. After meeting with His Excellency the President, the Prime Minister, the Health Ministry, public hospitals and private hosptials, public and private IVF clinics, the Midwife Association and the Association of Attorneys, the Inter Religious Council, Mental Health Experts, and many others, Lisa put together her recommendations which were widely accepted.
Uganda has one of the fastest growing economies in the world, but there are still not enough jobs for educated people. Most Ugandans are self employed, but start up capital can be a struggle to obtain. One request from the Intern Religious Council was that each surrogate be given a “skilling” program so they could be expand or start a business and they could use their surrogacy income, or part of it, as their start up capital. Lisa created a unique program with financial literacy, entrepreneurship, practical skills, and assistance creating a savings program so that after delivery, each woman will have the capital needed for her business. This makes surrogacy a choice and not a lifestyle.
Many educated Ugandan women go abroad for employment because they do not have capital to begin a business in Uganda. Abroad these women are vulnerable, and do not have the protections they have at home in Uganda. The government is spending valuable resources rescuing these Ugandan women in other countries. His Excellency, the President sees surrogacy as not only an honorable gift to help others create their family, but also as a way for these women to stay safely at home in Uganda and to grow the economy at home with the support of their families.
Uganda has a long standing culture of strong families that support each other. With one of the highest birth rates in the world, fertility is abundant in Ugandan women and they are happy to help others that struggle. With the highest federal standards for surrogacy in the world, you can grow your family with the knowledge that you and your baby are protected and you can take your child home soon.