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 by the parties. The child born from such arrangement must be registered under the names of the genetic parents (N.A and M.O), but for the first six months after birth, the child should remain with the surrogate mother (M.G) for breastfeeding, unless medically impossible. The surrogacy agreement is valid and enforceable.

Citation
RLR V.2 2021
Parties
Applicant: N.A; Applicant: M.O; Respondent: K.F; Respondent: M.G
Court
Intermediate Court
Jurisdiction
Rwanda
Judgment Date
11 September 2020
Case Number
RCA 00161/2020/TGI/NYGE
Procedural Posture
Civil Appeal / Intermediate Court Judgment
Outcome
appeal allowed
Legal Topics
Assisted Reproductive Technology, Gestational Surrogacy, Parental Rights, Child Registration, Best Interests of the Child
Source Language
rw, en
Family Law Reproductive Rights 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

Procedural Posture

Civil Appeal / Intermediate 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 has parental rights

Ratio Decidendi

Gestational surrogacy is permitted under Rwandan law as a form of assisted reproductive technology when agreed by the parties. The child born from such arrangement must be registered under the names of the genetic parents (N.A and M.O), but for the first six months after birth, the child should remain with the surrogate mother (M.G) for breastfeeding, unless medically impossible. The surrogacy agreement 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 fully enforced.