Published on 21/06/2024
Uganda’s Parliament is considering The Human Assisted Reproductive Technology Bill, 2023, which proposes limiting fertility treatment services to married couples only. This proposal has ignited a significant debate among lawmakers, medical professionals and legal experts, highlighting concerns about equality and access to reproductive healthcare.
Medical Professionals’ Warning
Dr. Roman Byaruhanga, Senior Consultant Obstetrician/Gynaecologist at Mulago Specialized Women’s and Neonatal Hospital, voiced strong concerns during a session on May 2, 2024. He warned Parliament against broadening access to fertility treatments for unmarried individuals, though he did not provide scientific evidence to support his caution.
“I think we should keep it as stated in the Bill because if we allow any other person single coming in, we may be opening a can of worms. I would advise that we keep it as a man and woman who jointly seek to have human-assisted reproductive technology,” said Dr. Byaruhanga.
Legal and Ethical Concerns
Jackie Guma, Principal Legal Officer at Parliament, highlighted the restrictive nature of the bill. She noted that some stakeholders believe the bill should also allow single individuals to access fertility treatments, expressing concerns about potential implications for same-sex couples.
Jackline Akutu, Assistant Commissioner at the Uganda Law Reform Commission (ULRC), argued against the restriction, emphasizing that the bill’s objective is to address infertility challenges broadly. “The wording in the bill limits the application to those jointly seeking Assisted Reproductive Technology Services, which could exclude single adults or unmarried individuals who wish to reproduce,” Akutu stated.
Compensation for Surrogates
Another critical issue discussed was the compensation for surrogates and donors. Dr. Robert Busingye, Senior Consultant Obstetrician/Gynecologist at Mulago Specialized Women’s and Neonatal Hospital, stressed the need for reasonable compensation due to the physical and emotional toll of surrogacy.
“Surrogacy involves significant challenges. A surrogate needs to be reasonably compensated for carrying the pregnancy, dealing with possible health complications, and undergoing procedures like caesarean sections,” Busingye explained.
Regulatory Oversight
Evelyn Nabunya, Executive Director of Mulago Women’s Specialized Hospital, proposed that fertility services should not be solely overseen by the Uganda Medical and Dental Practitioners’ Council. Instead, she recommended creating a dedicated body or committee within the Council to ensure specialized oversight of reproductive technologies.
“The ideal body would have been an independent entity. If this isn’t practical, then the Medical and Dental Practitioners’ Council should include representatives of reproductive technology practitioners on a permanent basis,” Nabunya suggested.
Government’s Position
The Ministry of Health tasked Mulago Women’s Hospital with presenting the government’s perspective on the bill. On October 17, 2023, Sarah Opendi tabled The Human Assisted Reproductive Technology Bill, emphasizing the need for regulation due to the increasing demand for fertility treatments driven by rising cases of infertility and related health issues.
As Parliament continues to deliberate on the bill, stakeholders from various sectors remain divided on the best approach to regulate fertility treatments in Uganda. The final decision will have profound implications for many Ugandans seeking to start families through assisted reproductive technologies.
SOURCE: NEWS AGENCIES
