President Uhuru Kenyatta has rejected the bid to grant maternity leave to surrogate parents.
The President expressed reservations with the proposal by Gilgil MP Martha Wangari who sought pre-adoptive leave for parents of a child born out of surrogate motherhood.
She sought that women who adopt children be granted 90 days, just like those on maternity, while men were to be granted two weeks.
The Employment (Amendment) Bill, 2019, posited that a parent of a child born through surrogacy shall be entitled to parental leave with full pay.
It set out the procedure for applying for such leave, among the requirements being a written authorization by a registered adoption society.
But President Kenyatta holds the view that there is no substantive legal framework governing surrogacy in Kenya.
As such, the President said amending the law will lead to surrogacy agreements operating in a vacuum.
The head of state further observed that surrogacy touches on children, reproductive rights and the concept of family.
“There is need to first put in place a rigorous substantive legal and regularly framework to protect all parties within the surrogacy agreement,” the President said in the message read by National Assembly Speaker Justin Muturi on Tuesday.
He directed the bill to be reconsidered by the Labour Committee but would require two-thirds of members to overturn the president’s veto.
Among other issues the president pointed out is the need for a comprehensive policy developed through public participation.
There are concerns of weak adoption laws that have exposed hundreds of Kenyan children to abuse and exploitation.
A report by a committee of experts appointed by the Labour ministry in December 2017 revealed that there are more Kenyans seeking to adopt children that the adoption societies can provide.
It stated that for every one child available for adoption, there are six Kenyan parents waiting to adopt them.
“The country only meets 15 per cent of children requests by local adoptive parents,” the report said.
