Articles 77 through 80 of the law define the framework for surrogacy in Rwanda. These articles outline who can qualify as a surrogate, the responsibilities of both the surrogate and the commissioning parents, the compensation terms, and the procedure for handing over the child after birth.

Strict Medical Criteria for Surrogacy Approval

According to MP Veneranda Uwamariya, Chairperson of the Health Commission, surrogacy will only be authorized if a licensed doctor verifies that the intended parent cannot conceive naturally or that pregnancy would put the mother or child’s life at risk.

The law also requires the surrogate to be in good health and able to carry a pregnancy to term without medical complications. In addition, anyone over the age of 40 is not permitted to act as a surrogate, even if they are still biologically fertile.

MP Muyango Mukayiranga Sylvie questioned this age restriction, arguing that some women remain fertile up to age 50 and could still safely bear children.

However, the Commission explained that setting the age limit at 40 is a medical safety measure, since women above this age statistically face higher risks of pregnancy complications, which could endanger both the surrogate and the child.

Immediate Child Handover After Birth

The law clearly states that the baby must be handed over to the intended parents immediately after birth, unless an alternative agreement is made beforehand.

This clause raised concerns from MP Etienne Mvano Nsabimana, who asked why the surrogate mother should not be allowed to breastfeed the baby for the recommended 1000 days, as encouraged by government health guidelines.

Chairperson Uwamariya explained that maintaining prolonged contact between the surrogate and the baby could cause emotional bonding, which might complicate the arrangement. She added, “Since the child is going directly to the intended parents, who are prepared to care for them, we believe this does not compromise the child’s well-being.”

Responsibilities of Surrogates and Commissioning Parents

Under the law, a surrogate mother must:
✅ Follow medical instructions throughout the pregnancy
✅ Attend all required checkups
✅ Avoid harmful behavior that could endanger the pregnancy
✅ Maintain regular communication with the intended parents
✅ Agree in writing to hand over the child after delivery

Meanwhile, the commissioning parents are responsible for:
✅ Identifying a qualified surrogate
✅ Covering all medical and related costs until six weeks after childbirth
✅ Ensuring they do not pressure or harass the surrogate during the entire process