Uganda’s booming fertility industry has operated in a legal vacuum for years, but that may soon change.
After nearly two years of delay, Parliament is preparing to debate the long-anticipated Human Assisted Reproductive Technology Bill, 2023, a private member’s bill that aims to bring legal clarity to a sector driven by increasing demand for services like in vitro fertilisation (IVF), surrogacy, and gamete donation.
The Bill, introduced by Tororo District Woman MP Sarah Opendi Achieng in March 2023, outlines a comprehensive legal framework to guide the use of human-assisted reproductive technologies (ART). It proposes the establishment of sperm, egg, and embryo banks, regulates donations and storage of genetic material, and defines the rights of donors, intended parents, and children born through ART. If passed, the Uganda Medical and Dental Practitioners Council would oversee implementation, and only certified health facilities would be designated as fertility centres.
Despite widespread support, the Bill has faced procedural hurdles. Its scheduled second reading in February 2025 was postponed when Deputy Attorney General Jackson Kafuuzi requested more time to harmonise the government’s position with that of the bill’s sponsor.
“There are technical areas we still need to review, including aspects covered by the Ministry of Health,” Kafuuzi said, asking for a brief deferral to allow the Attorney General’s Chambers and the First Parliamentary Counsel to finalise their position.
But the delay sparked outrage from legislators. Kassanda District Woman MP Flavia Nabagabe criticised the government’s lack of readiness, saying: “We come to this House ready to work, only to be told—yet again—that the government side isn’t ready. Is it in order for the Attorney General to display such a level of unpreparedness?” She later withdrew her remarks at the request of Speaker Anita Among.
Speaker Among didn’t hide her frustration either. “This Bill has been widely consulted on. Institutions like Mulago National Referral Hospital and the Mulago Specialised Women and Neonatal Hospital were involved,” she said. “This is a straightforward Bill—drafted by experienced doctors and gynaecologists. If I give you time, can I have the Bill back on the Order Paper tomorrow?”
Kafuuzi admitted that a harmonisation meeting requested by the Ministry of Health back in April 2024 had not materialised but pledged to attend one immediately if directed by the Speaker.
“I feel uncomfortable proceeding without harmonisation,” he added. “But if the Speaker says we meet tonight and return tomorrow, I’m ready.”
Speaker Among reminded Parliament that under Article 94(4)(b) of the Constitution and Rule 121 of the Rules of Procedure, private members like Opendi have the right to propose legislation—regardless of the government’s preparedness.
“Should we stop working because you are too busy? We cannot,” she told the government side.
Seeking to calm the growing tension, Minister of State for Health (General Duties) Anifa Kawooya reassured MPs that the Ministry was not opposed to the Bill. “We are not against it. Even if we were not fully consulted, we are ready to harmonise and move forward,” she said.
Opendi welcomed the renewed commitment. “I am not against harmonisation. The Committee on Health consulted widely, including the Ministry of Health, and their report supports most of the provisions in the Bill,” she said. “We will reconcile and return with a unified position.”
If passed, the Human Assisted Reproductive Technology Bill will be Uganda’s first law dedicated to regulating fertility care—a fast-growing but legally uncharted field. With both the urgency and political momentum building, Parliament may soon deliver long-overdue protections for families seeking help to have children.
