Re. N.A N’UNDI

Re. N.A N’UNDI

Gestational surrogacy is permitted under Rwandan law as a form of assisted reproductive technology when agreed upon by the parties. The child born from such arrangement must be registered under the names of the genetic parents but should remain with the surrogate mother for six months for breastfeeding, unless medically impossible. The agreement between the parties is valid and enforceable.

Citation
RLR V.2 -2021
Parties
Applicant: N.A; Applicant: M.O; Respondent: K.F; Respondent: M.G; Interested Party: Dr. Ngoga Eugene; Amicus Curiae: Haguruka Asbl; Amicus Curiae: University of Rwanda, School of Law; Amicus Curiae: Health Development Initiative
Court
Intermediate Court
Jurisdiction
Rwanda
Judgment Date
11 September 2020
Case Number
RCA 00161/2020/TGI/NYGE
Procedural Posture
Civil Appeal / Intermediate Appellate Court Judgment
Outcome
appeal allowed
Legal Topics
Assisted Reproductive Technology, Gestational Surrogacy, Parental Rights, Child Registration, Best Interests of the Child
Source Language
rw
Family Law Reproductive Rights Civil Procedure Assisted Reproductive Technology Gestational Surrogacy Parental Rights Child Registration Best Interests of the Child

Case Brief

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Parties

N.A

Applicant

M.O

Applicant

K.F

Respondent

M.G

Respondent

Dr. Ngoga Eugene

Interested Party

Haguruka Asbl

Amicus Curiae

University of Rwanda, School of Law

Amicus Curiae

Health Development Initiative

Amicus Curiae

Procedural Posture

Civil Appeal / Intermediate Appellate Court Judgment

Legal Issues

  1. 1 Whether gestational surrogacy is permitted under Rwandan law
  2. 2 Whether a child born via gestational surrogacy can be registered under the names of the genetic parents
  3. 3 Whether the surrogate mother must keep the child for six months for breastfeeding

Ratio Decidendi

Gestational surrogacy is permitted under Rwandan law as a form of assisted reproductive technology when agreed upon by the parties. The child born from such arrangement must be registered under the names of the genetic parents but should remain with the surrogate mother for six months for breastfeeding, unless medically impossible. The agreement between the parties is valid and enforceable.

Court Disposition

appeal allowed

Orders

  • The appealed judgment is reversed in all its parts.
  • The surrogacy agreement between M.G and K.F and N.A and M.O is to be enforced as agreed.