Uganda’s growing surrogacy trend raises concern over mental health and legal framework
By Jackie Kirabo
In Uganda, infertility affects around 10-15% of couples of reproductive ages, propelling many towards assisted reproductive methods such as surrogacy.
This increasingly popular trend, however, has brought to the forefront significant concerns regarding the mental well-being of surrogate mothers and the absence of a well-defined legal framework. The Nile Post delved into the uncharted terrain of surrogacy in Uganda.
Surrogacy is where a woman (the birth mother) receives the baby (egg that has been fertilized) into her womb to carry and deliver. one of the most interesting components of this science is the possibility of one woman carrying another woman’s pregnancy. this has been on the rise in Uganda. Dr. Tamale Ssali, a fertility specialist and CEO at Women's Hospital International and Fertility Centre, shed light on this phenomenon.
"Surrogacy is on the rise for various reasons, but eligibility is determined by a range of factors, not just the desire to make money." asserted Dr. Tamale.
One major concern associated with surrogacy is the potential mental health implications for the women who choose to become surrogates, as this decision can evoke a complex mix of emotions.
Honourable Batuwa emphasizes the importance of addressing these mental health issues and highlights the need for appropriate support systems for surrogate mothers.
"We must put in place mental health units at the different regional referral hospitals and train healthcare workers to provide the necessary support," expressed Hon. Batuwa.
Furthermore, the absence of a standardized legal framework governing surrogacy in Uganda raises questions about the rights and responsibilities of all parties involved.
In Uganda, the surrogacy practice currently operates under the children’s act and the registration of persons act, however both laws don’t adequately recognize the surrogacy arrangement.
Despite the growing acceptance of surrogacy practice in Uganda for the last decade, there is little development in the legislative, institutional and policy framework on the practice.
Whereas the surrogacy practice has a constitutional basis, there isn’t a substantive legislative and policy framework which materializes the enjoyment of constitutional rights. In – vitro fertilization, popularly known as the process for getting test tube babies, has become a reality in Uganda.
Ajalo, from the centre for Health, Human Rights, and Development (CEHURD), underscores the lack of legislation in Uganda and the potential for exploitation.
"In Uganda, we have no law that regulates surrogacy at the moment, and this creates room for exploitation." Stated Ajalo.
Shadow Health Minister Batuwa adds that the current laws are insufficient to properly regulate the practice.
"The current rights we have in Uganda identify the parents of a child as those who are the biological parents. So, laws need to be updated," added Batuwa.
In an effort to push for the regulation of the practice, former Health Minister Sarah Opendi introduced the Surrogacy and Assisted Reproductive Technology Bill in Parliament. The bill aims to protect the parties involved in surrogacy, among other objectives, but it has yet to be passed.
"Hon. Opendi rightly brings this law to Parliament. The government's role is to ensure that anything that affects the lives of Ugandans is done within the law," stated Hon. Odur.
Advocacy groups are also advocating for comprehensive legislation to regulate surrogacy and prioritize the human rights perspective.
"We need this law to promote and protect the human rights of the parties involved." Added Ajalo.
As surrogacy becomes more prevalent in Uganda, addressing the mental health challenges faced by surrogate mothers and establishing a clear legal framework become imperative.
The debate continues as the nation grapples with the complexities of this evolving trend, seeking to strike a balance between reproductive rights, mental health support, and legal safeguards.
