Surrogacy Insights

Uganda’s legal framework does not explicitly regulate surrogacy, meaning it is neither illegal nor explicitly permitted. As a result, surrogacy is practiced informally within the country. Currently, surrogacy operates under the shadow of the Children’s Act and the Registration of Persons Act. However, these laws do not adequately recognize surrogacy arrangements nor confer special rights and duties to the parties involved.

The absence of specific legislation leaves a grey area for both intended parents and surrogates. Without principal legislation on surrogacy procedures, this delicate area remains unregulated.  In practice, the substantive rights and obligations of the parties to such a procedure are usually incorporated into a private contract between them.

Gay Rights in Uganda

Due to the Anti-Homosexuality Act of 2023, it is strongly advised that gay couples or members of the LGBTQ+  community avoid pursuing surrogacy in Uganda.  This Act criminalizes same-sex relations and the promotion and advocacy of LGBTQ+ rights.  It also imposes a duty on individuals to report suspected homosexual activities, with legal penalties for non-compliance.  Human rights organizations have condemned the Act, arguing that it violates fundamental human rights and fuels discrimination and violence against LGBTQ+ individuals.  Several countries and international bodies have called for its repeal and have threatened to impose sanctions or withdraw aid in response to its enactment.