Life behind bars: Stringent penalties for surrogacy misuse unveil

The use of gametes or embryos without authorization in medical practice is poised to carry severe consequences, including imprisonment for life, as outlined in the Human-Assisted Reproductive Technology Bill.

Proposed by Opendi Sarah Achieng, Tororo district woman MP, this legislation aims to regulate the utilization of human-assisted reproductive technology comprehensively.

Central to the bill’s objectives is the establishment of regulatory frameworks for the use of human-assisted reproductive technology. This entails designating health units as fertility centers and creating provisions for the establishment of sperm, oocyte, and embryo banks within these centers.

Moreover, the bill addresses the donation and storage of gametes and embryos, while also delineating the rights and responsibilities of individuals involved in these processes, including children born through such technologies.

During discussions at the plenary last week, Opendi emphasized the bill’s broader goal of ensuring accessibility to assisted reproductive services. Public facilities like the Specialized Women’s Hospital would be authorized to provide in vitro fertilization (IVF) services, potentially making these services more economically feasible for a wider demographic.

“Besides regulating fertility clinics, once passed into law, the bill will also empower public facilities like the Specialized Women’s Hospital to offer in vitro fertilization (IVF) services, thereby increasing affordability,” she said.

Assisted reproductive technology procedures, as defined by the Centers for Disease Control and Prevention, involve complex processes such as extracting eggs, fertilizing them with sperm in a laboratory setting, and subsequent implantation or donation.

Currently, Uganda lacks legislation specifically regulating human-assisted reproductive technology, despite its historical presence in the country. The proposed law empowers the health minister to designate fertility centers authorized to offer these services. It also outlines penalties for medical practitioners who misuse embryos or disclose sensitive information without proper authorization.

Furthermore, the bill establishes guidelines for surrogacy arrangements, ensuring that intending parents and surrogate mothers enter into formal agreements. It mandates that surrogate mothers be at least 18 years old and fully comprehend their rights and obligations.

Medical practitioners overseeing surrogacy arrangements are obligated to uphold the terms of these agreements and ensure the surrogate’s understanding of her role.

The legislation stipulates that an intending parent shall assume parental responsibility for a child born through surrogacy. It explicitly states that the surrogate mother, under a surrogacy agreement, relinquishes any parental rights over the child she delivers.

Additionally, the bill mandates that intending parents provide medical care for surrogate mothers during the surrogacy process. Furthermore, the bill empowers intending parents to designate a guardian in the surrogacy agreement. This guardian would assume parental responsibilities for the child in the event of the intending parent’s death before the child’s birth.

In terms of accountability and oversight, fertility centers are required to submit annual reports to the Council. These reports must include data on the utilization of human-assisted reproductive technology services, the number of children born, and the success and failure rates of these procedures. Failure to comply with these reporting requirements could result in a fine of Shs 10 million for the fertility center.

Additionally, the bill imposes severe penalties for medical practitioners who misuse gametes or embryos without proper consent. Such actions are deemed criminal offenses, punishable by life imprisonment.

Moreover, the legislation prohibits medical practitioners from implanting non-human embryos into a woman’s uterus, emphasizing the importance of ethical practices in assisted reproductive procedures. Violations of this provision carry a penalty of life imprisonment.

Advertising for surrogacy services is also prohibited under the bill, with individuals or fertility centers facing fines of Shs 6 million, imprisonment for up to two years, or both, if found guilty.

Lastly, the bill emphasizes the confidentiality of information collected under its provisions. Any unauthorized disclosure of such information is considered an offense, subject to a fine of Shs 20 million, imprisonment for up to five years, or both. These measures aim to uphold the integrity and privacy of individuals involved in assisted reproductive processes, ensuring ethical and responsible practices within the field.