Re. N.A ET AL

Re. N.A ET AL

Gestational surrogacy is a form of assisted reproductive technology recognized by Rwandan law. The agreement between the parties is valid and enforceable. The child born through this process must be registered under the names of the genetic parents (N.A and M.O) but should remain with the surrogate mother (M.G) for six months post-birth for breastfeeding, unless medically impossible. The lower court erred in restricting the scope of assisted reproduction to exclude surrogacy.

Citation
RLR V.2-2021
Parties
Applicant: N.A; Applicant: M.O; Respondent: K.F; Respondent: M.G; Interested Party: Dr. Ngoga Eugene
Court
Intermediate Court
Jurisdiction
Rwanda
Judgment Date
11 September 2020
Case Number
RCA 00161/2020/TGI/NYGE
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
appeal allowed
Legal Topics
Assisted Reproductive Technology, Gestational Surrogacy, Parental Rights, Child Registration, Exclusive Breastfeeding
Source Language
en
Family Law Health Law Reproductive Rights Assisted Reproductive Technology Gestational Surrogacy Parental Rights Child Registration Exclusive Breastfeeding

Case Brief

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Parties

N.A

Applicant

M.O

Applicant

K.F

Respondent

M.G

Respondent

Dr. Ngoga Eugene

Interested Party

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether gestational surrogacy is permitted under Rwandan law
  2. 2 Whether a surrogate mother (M.G) married to K.F can lawfully carry a child for N.A and M.O using their gametes
  3. 3 How the child born through surrogacy should be registered and cared for post-birth

Ratio Decidendi

Gestational surrogacy is a form of assisted reproductive technology recognized by Rwandan law. The agreement between the parties is valid and enforceable. The child born through this process must be registered under the names of the genetic parents (N.A and M.O) but should remain with the surrogate mother (M.G) for six months post-birth for breastfeeding, unless medically impossible. The lower court erred in restricting the scope of assisted reproduction to exclude surrogacy.

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.