IVF sparks debate in Kenya

The birth of the first two babies following the use of IVF in Kenya earlier this month has sparked off criticism and debate on the use of assisted reproductive technologies (ARTs) in the country. On hearing the news, it was reported that hundreds of childless couples have flocked to major hospitals requesting information on the technology, even though the procedure costs around $4,300 in a nation with an average per capita income of $360.

The Catholic Church in Kenya has been the loudest critic of ARTs, saying that IVF was an 'artificial' procedure. Archbishop John Njue, chairman of the Kenya Episcopal Conference, said that if 'considered from an ethical standpoint', to use IVF is 'in fact morally unethical'. He said that it 'undermines the dignity of a child, who becomes an object of manipulation and must be possessed at all costs', adding that 'conceiving children should be the result of an act of marital love, not 'factory production''. The Catholic Church also has a problem with the fate of extra' embryos that might be created through IVF. 'In order to provide for one birth, many others have to lose their lives', said Niue.

Other churches and religions - notably the Protestant Church and Islam - have praised the introduction of the technology, saying that it should be welcomed for bringing the chance for childless couples to have babies. They also believe that the use of ARTs will 'help Africans develop a better understanding of human life'. Professor Abdulghafur el-Busaidy, chair of the Supreme Council of Kenya Muslims, said that there was nothing wrong with married couples using ART procedures, adding that 'if for medical reasons the couple cannot get a child, then it is healthy'.

Jamie Onsongo, a social ethics teacher, said that he believes that the introduction of IVF to Kenya will help more marriages stay together. He explained that there was a large amount of social pressure on married couples to start a family, and failure to conceive often resulted in the woman being blamed, and possibly divorced. He said that, especially in rural areas, 'men are forced by their families and friends to divorce their wives when the couple cannot get children'. IVF, he believes, may help couples to solve this problem. 'It's good for the society and certainly good for the women', he added.

The debate has generated calls for new legislation to be passed to regulate the use of ARTs in Kenya. Responding, the Kenyan Government said that it plans to establish a committee to put together policy guidelines to regulate the practice of IVF and other ARTs. Dr James Nyikal, the Director of Medical Services, said that the birth of the two children has 'moved the technology from basic research to application therefore raising several moral and ethical questions'. Currently, only the research side of ARTs is regulated by law in Kenya. The proposed committee will, he said, be made up of representatives from the Ministry of Health, regulatory authorities such as the Medical Practitioners and Dentist Board and Nursing Council, research institutions, universities, the Attorney General's office, faith groups and others.

Issues that the committee will address include the eligibility of women for IVF, ownership of the embryo, parenthood, separation of procreation from the sexual union, treatment costs, the risk of genetic manipulation and the possible commercialisation of embryos. In the meantime, added Dr Nyikal, Dr Noreh, who was responsible for the first IVF births in Kenya, as well as any other fertility doctors in the country, should continue to operate under the existing general medical code of conduct. However, other organisations believe that IVF should not continue at all until regulation is in place. Ms Edna Ameyo, legal coordinator of Kituo cha Sheria, a legal advice centre in Nairobi, said that the practice could be abused and rights could be violated if no laws were there to govern it. 'We may end up with marginalised and vulnerable children whose rights cannot be protected effectively', she said.