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Health And The Law Question Paper

Health And The Law 

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2011



Fima and Eric are a couple who have tried unsuccessfully for a child for a number of years although Fima has conceived a number of times, on each occasion she has suffered an early miscarriage. They approached John, the director of a surrogacy agency, who puts them in contact with Sally, a young lady who agrees to bear a child for them in return for Kshs. 10,000,000.

Sally is thereupon implanted with an embryo from Fima and Eric(fertilized in vitro)by Doctor Kimani from KU Health Clinic. However, after carrying the child to the term sally decides she would want to keep the baby.

a. Advise Fima and Eric of their chances of obtaining custody of the child.
b. Discuss the position of each of the parties in respect of any criminal offences that may have been committed.

Try to explain your answer with reference to Surrogacy Arrangement Act 1985, HFEA Act 1990, cases and statutes, clearly explain your response for a & b on 3 pages in the usual academic styles( footnotes, etc.)




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