Mombasa Woman offers surrogacy services for KSh 40,000 per month

A woman from Likoni, Mombasa County, has attracted widespread attention online after publicly offering surrogacy services for KSh 40,000 per month during pregnancy. In a video that circulated on social media, she explained her willingness to carry a child for intended parents in exchange for financial compensation.

Supporters have viewed the offer as a personal decision and a potential opportunity for families struggling with infertility, while others have raised questions about regulation and the protection of all parties involved.

Her pricing is straightforward. Ksh 40,000 per month for the full nine months.Clients must also cover additional expenses, including shelter, food, medical check ups, ultra sounds and other related costs. She emphasises that she works with a lawyer to draft and sign formal contracts before any medical procedures begin at the hospital.Once the pregnancy is complete, the intended parents take the baby, and she receives her payment.

She also mentions offering egg donation services for KSh 80,000 per egg and welcomes inquiries from both within Kenya and abroad, directing interested parties to contact her privately.

Some netizens view the rate as surprisingly low, describing it as “cheap” or suggesting the woman may be desperate.Others point out the physical, emotional and health risks involved in carrying a pregnancy and question whether the compensation adequately reflects those demands.

Surrogacy in Kenya

Surrogacy exists in Kenya but operates in a legal grey area .There is no comprehensive national law specifically regulating it,though some guidelines and court precedents exist. Under Children Act (cap 141, the woman who gives birth (the surrogate) is presumed to be the legal mother at birth. Intended parents generally need to pursue court processess, often involving adoption or specific orders to establish legal parentage.

Millie Odhiambo’s Assisted Reproductive Technology (ART) Bill

The Assisted Reproductive Technology Bill, sponsored by Suba North MP Ho.Millie Odhiambo seeks to provide Kenya’s first comprehensive legal framework for assisted reproductive technologies, including IVF, gamete donation and surrogacy.

The National Assembly passed the bill with amendments in November 2025.It is now before the Senate for consideration, following public participation and ongoing reviews.

Some of the key provisions on surrrogace in the passed version include;

• Prohibits commercial surrogacy: Only altruistic surrogacy (no payment beyond reasonable expenses, medical costs, or lost earnings) would be allowed. Paying a surrogate a fee like KSh 40,000 per month would likely be outlawed.
• Eligibility: Surrogates must be Kenyan citizens aged 25–45 who have previously given birth. Intended parents (including married, single, divorced, or widowed Kenyans) must meet medical and age criteria.
• Agreements: Written, witnessed contracts are required, with clear provisions on consent, parental rights and the child’s welfare.
• Regulation: Establishes an Assisted Reproductive Technology Directorate to license clinics, set standards, and maintain records. It prohibits practices like commercial trading of embryos/gametes, cloning, and non-medical sex selection.
• Penalties: Violations, including engaging in commercial surrogacy, could attract heavy fines (up to KSh 5–10 million) and imprisonment (up to 5–10 years).

The bill prioritizes protecting all parties , especially children and surrogates while addressing infertility challenges in a regulated, ethical manner. Its sponsor, Hon.Millie Odhiambo, has highlighted the personal and societal stigma around childlessness as a driving force behind the legislation.

Implications for cases like this

If enacted in its current form, the Mombasa woman’s commercial offer would fall outside the legal boundaries set by the bill. Informal or independent arrangements could face increased scrutiny, pushing parties toward licensed clinics and altruistic models.

Until the bill becomes law, such offers remain possible but carry legal, medical and contractual risks.Her story underscores the urgent need for clear regulation in Kenya. As the Senate deliberates Millie Odhiambo’s bill, debates around affordability, exploitation, reproductive rights, and the commercialisation of pregnancy are likely to intensify. Whether the proposed law strikes the right balance remains a key question for lawmakers and the public.

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