Re. N.A ET AL

Re. N.A ET AL

Gestational surrogacy is permitted under Rwandan law as a form of medically assisted reproduction, provided there is mutual consent. The surrogacy contract between the parties is enforceable. The child born through surrogacy must be registered as the child of the genetic parents (N.A and M.O) but should live with the surrogate mother (M.G) for six months to be breastfed, in line with the child's best interests.

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 Faculty 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 / Judgment on Appeal
Outcome
appeal allowed; lower court judgment reversed
Legal Topics
Assisted Reproductive Technology, Gestational Surrogacy, Child Registration, Parental Rights, Breastfeeding Rights
Source Language
en
Family Law Health Law Child Rights Assisted Reproductive Technology Gestational Surrogacy Child Registration Parental Rights Breastfeeding Rights

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 Faculty of Law

Amicus Curiae

Health Development Initiative

Amicus Curiae

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether gestational surrogacy is permitted under Rwandan law
  2. 2 Whether the surrogacy contract between the parties is enforceable
  3. 3 How the child born through surrogacy should be registered and cared for

Ratio Decidendi

Gestational surrogacy is permitted under Rwandan law as a form of medically assisted reproduction, provided there is mutual consent. The surrogacy contract between the parties is enforceable. The child born through surrogacy must be registered as the child of the genetic parents (N.A and M.O) but should live with the surrogate mother (M.G) for six months to be breastfed, in line with the child's best interests.

Court Disposition

appeal allowed; lower court judgment reversed

Orders

  • Execution of the surrogacy contract between M.G and K.F and N.A and M.O is ordered.
  • The child born through surrogacy must be immediately registered by N.A and M.O in the civil registrar.