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Kenya has historically been a "wild west" for international surrogacy—an unregulated environment that has led to its inclusion on several international caution lists. In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page provides a deep dive into the realities of surrogacy in Kenya and the major legislative reforms currently underway in 2026.

Stephen reveals data obtained through Freedom of Information requests, showing that while the number of Australians heading to Kenya is low, the legal and ethical risks remain high. He explains the current reliance on adoption orders to secure parentage and contrasts this with the proposed Assisted Reproductive Technology (ART) Bill 2022. This Bill, which has passed the National Assembly and is now before the Senate, threatens to eliminate Kenya as an option for Australian intended parents by prohibiting commercial arrangements and limiting surrogacy to Kenyan citizens who meet specific medical criteria. This episode is a vital watch for anyone navigating the complexities of international fertility law and seeking to understand the global shift toward more restrictive, altruistic surrogacy frameworks.
In This Episode:

• Analysis of Department of Home Affairs data on Australian surrogacy births in Kenya.
• Why international governments have flagged Kenya for potential exploitation of women.
• The current legal process: Reliance on adoption orders and the lack of statutory regulation.
• An update on the Assisted Reproductive Technology Bill 2022 as of May 2026.
• The transition from an unregulated market to a state-supervised system.
• Potential impacts on foreign intended parents if the Senate passes the new Bill.
• Ethical considerations regarding the power imbalance between agencies and surrogates.

For expert assistance with international fertility law, visit our website: https://pageprovan.com.au/

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