Court halts DCI's efforts to apprehend IVF specialist due to disputes concerning the surrogate child's complexion

In a surprising turn of events, the High Court in Nairobi has issued a restraining order against the Director of Criminal Investigations (DCI), the police, and the Director of Public Prosecution (DPP) from arresting or charging Dr. Sarita Sukhija and her employees at Myra In Vitro Fertilisation Clinic in Westlands.

The order comes after Dr. Sarita, a renowned fertility specialist, found herself at the centre of a dispute over the colour of a child born via surrogacy last year. According to reports, the couple who sought her services had expressed concerns that the child turned out darker than they had expected.

The journey for the couple began in March 2023 when they walked into the clinic, eager to start a family. An egg from an Indian donor was selected, and the embryo was created by fertilizing the egg with an embryologist. The surrogate mother, who would later surrender all the baby's rights to the couple, was chosen after thorough screening.

Dr. Sarita and her clients came to an agreement that she would seek the services of a surrogate mother from the possible candidates who had expressed interest. The surrogate mother and the couple involved in the case agreed that the surrogate mother would carry the baby for nine months.

However, complications arose when the surrogate mother fell ill at 33 weeks of pregnancy. Despite the challenges, the child was born, and Dr. Sarita maintains that she just did her work.

Dr. Sarita's lawyer, Kevin Mogeni, has asserted that there is no basis for the police to order the private agreements to be surrendered for investigations. He argued that the fertility specialist is ready to be interrogated by a medical professional body if the complaint by the couple is true, but the involvement of the police is an abuse of the police process.

Mogeni further stated that the couple voluntarily sought surrogacy services, and that did not amount to cheating. He also emphasized that the surrogacy remains unregulated in the country, but the doctor followed the necessary procedures.

The case will continue to unfold as Dr. Sarita has been ordered to serve court papers on all parties involved, with a reply due by September 19, 2025. The surrogate mother, the couple, and Dr. Sarita will all have their day in court.

It is important to note that the couple involved in the case has opted to remain anonymous for ethical reasons. The investigation into the matter continues, but for now, the High Court's decision has halted any further action against Dr. Sarita and her employees.

Stay tuned for more updates on this developing story. Dr. Sarita will file a further reply by October 3, and the case will be mentioned on October 8.

Court halts DCI's efforts to apprehend IVF specialist due to disputes concerning the surrogate child's complexion