World
Kenya bill seeks to ban gays from having children via surrogate
Country’s Senate expected to debate bill next month
A bill that is currently before Kenyan lawmakers would prohibit gays and lesbians from using surrogate mothers to have children.
The proposed law — dubbed the Assisted Reproductive Technology Bill, 2019, passed last November by the National Assembly — seeks to assist individuals, including intersex people or couples unable to bear children due to infertility to procure surrogate mothers.
To lock out gays and lesbians, the MPs amended the bill by replacing “husband and wife” to “couple” under Kenyan law, which refers to a male and a female who are in an association that may be recognized as a marriage.
“Of the many amendments that have been carried, this one is the best. This is so that we be specific that in Kenya, we do not recognize marriages between people of the same gender,” MP David Ole Sankok stated during the debate in the National Assembly.
Any gay or lesbian found guilty of using a surrogate mother to have a child risks a fine not exceeding Sh5 million ($50,000) or a jail term of not more than five years or both. The bill would also require a qualified medical doctor to certify that an individual is infertile before proceeding to find a surrogate mother.
This requirement is not only a big blow to thousands of gays and lesbians in Kenya but also hundreds of surrogate mothers like Mary and Rebecca in Nairobi who, through the Find Surrogate Mother public website, carry pregnancies for all couples including heterosexuals, gays, lesbians, single women and single men who want to have children.
The proposed law, which is the first of its kind in Kenya, also criminalizes engaging in surrogacy to make money. This means surrogate mothers will no longer carry pregnancies for any individual or couple whose infertility is not proved by a doctor.
Currently, the overall cost of surrogacy in Kenya is estimated at Sh4.5 million ($45,000).
“A person who contravenes the provisions of this section commits an offense and shall, upon conviction, be liable to a fine not exceeding Sh5 million ($50,000) or to imprisonment for a term not exceeding five years, or to both,” reads Clause 23 of the bill.
A special directorate under the Health Ministry would oversee surrogacy activities in the country. The bill requires a surrogate mother to be over 21 years old with at least one child.
The new law adds to other punitive laws against LGBTQ rights in the country.
The Kenyan Penal Code under Sections 162 and 165 criminalize consensual same-sex sexual relations viewed as “acts of indecency or unnatural offenses.” The Penal Code also forbids gays and lesbians from adopting children.
The passing of the bill in November occurred barely four months after U.S. Transportation Sec. Pete Buttigieg and his husband Chasten broke the news of welcoming their twins to the world.
Buttigieg via a tweet said, “Chasten and I are beyond thankful for all the kind wishes since first sharing the news that we’re becoming parents. We are delighted to welcome Penelope Rose and Joseph August Buttigieg to our family.”
It remains unclear whether the couple had their babies via surrogate or if they adopted them.
Kenya, just like most African countries, has refused to recognize the rights of the LGBTQ community despite pressure from the group and Western countries.
For instance, in 2015 President Uhuru Kenyatta during a joint press conference with the then-U.S. President Obama at the State House in Nairobi flatly rejected his visitor’s demand for the protection and promotion of gay and lesbian rights in the country.
Kenyatta insisted that though Kenya “shares a lot with the U.S., gay rights were not among them.” Homosexuality is considered both ungodly and against African culture on the continent.
In July 2021, a coalition of 27 global companies like Microsoft, Google, Barclays, Standard Chartered, IBM, PricewaterhouseCoopers, American Express and Burberry demanded Kenya to fully recognize the rights of gays and lesbians for more billions of Kenyan shillings to be injected into the economy.
The global firms in a report dubbed “The Economic Case for LGBT+ Inclusion in Kenya” warned that the country loses between $65 million and $143 million annually because its discriminative environment was keeping away some tourists. Still, Kenya remained unbowed.
Several rights groups like the National Gay and Lesbian Human Rights Coalition and UNAIDS has criticized the continued enactment of laws that discriminate against the LGBTQ community.
The National Assembly’s Health Committee, the sponsor of the surrogacy law, collected views from numerous key stakeholders in the health sector like the Intersex Persons Society of Kenya which has a population of 1,524 in Kenya as per the 2019 Census. However, the Gay and Lesbian Coalition of Kenya, (GALCK), was notably sidelined in the committee’s public hearings.
The Kenyan Senate is expected to debate the bill once it reconvenes on Feb. 8. The president would sign it if it passes.
Netherlands
Amsterdam Pride Canal Parade draws hundreds of thousands
Gay Dutch Prime Minister Rob Jetten among participants
Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.
AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.
Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”
The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade video by Michael K. Lavers)
(Washington Blade video by Michael K. Lavers)
The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.
It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.
View on Threads
The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.
European Union
Poland’s top court rejects recognition of same-sex marriages from other EU countries
Ruling sets up potential clash with bloc
Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.
The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.
The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.
The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.
The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.
Taiwan
Taiwan’s government has failed to update process to change gender markers on ID documents
Interior Ministry’s 2008 directive remains in place
More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.
On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.
In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation.
Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.
Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.
In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.
The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law.
The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.
In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard.
The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.
“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.
The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation.
The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.
The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.”
According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.
The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.
“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”
The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.
The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.
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