Written by Olalonke Ugweke-Thaddeus
Nigeria’s Surrogacy Sector Faces Legal Challenges Amid Rapid Growth
The surrogacy sector in Nigeria is experiencing substantial growth, with an increasing number of fertility clinics and advancements in reproductive technology. Families both within Nigeria and abroad are increasingly looking to surrogacy as an avenue for parenthood. Despite this promising trend, a significant gap remains: the absence of a clear and comprehensive legal framework governing surrogacy practices.
The Need for Legislative Action
The current silence surrounding surrogacy legislation is no longer tenable. After more than a decade working in the field, advocating for gestational surrogacy arrangements and ethical reproductive practices, it is evident that the lack of federal legislation does not foster freedom or flexibility. Instead, it cultivates uncertainty and vulnerability for all parties involved—surrogates, prospective parents, fertility professionals, and agencies—operating within a system devoid of legal protections.
Legal Vulnerabilities in Surrogacy Arrangements
In Nigeria, surrogacy contracts are primarily governed by private agreements that lack explicit legal recognition or enforcement. This legal ambiguity complicates the resolution of disputes, leads to varied welfare standards, and makes vulnerable parties susceptible to exploitation. The risks associated with such a framework extend beyond individual misbehavior, emphasizing a broader issue: the vacuum created by legislative inaction.
International Standards and Domestic Gaps
In countries with well-regulated surrogacy frameworks, the rights and responsibilities of all parties are clearly delineated by law before arrangements are formed. Such legislation includes transparent remuneration structures, mandatory informed consent processes, enforceable welfare protections, and established dispute resolution systems. Unfortunately, Nigeria’s surrogacy sector currently lacks these essential safeguards.
Impacts on Surrogates and Prospective Parents
The ramifications of this legal vacuum are serious. Surrogates may enter agreements without independent legal counsel or a comprehensive understanding of their rights, and they often lack guaranteed medical, psychological, or postnatal support. Simultaneously, prospective parents grapple with uncertainties surrounding financial terms, medical cooperation, and the legal requirements to establish parenthood.
International Obligations and the Legislative Response
This absence of regulation not only raises local concerns but also invokes international human rights implications. Nigeria ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1985, committing to safeguard women from exploitation and to ensure equal access to health care, including reproductive services. Yet, decades later, a comprehensive legal framework addressing one of the country’s fastest-growing reproductive sectors remains unattained. Furthermore, instruments like the UN Palermo Protocol underscore the necessity for systems that differentiate ethical from exploitative reproductive arrangements, mandating enforceable standards that protect vulnerable populations. Thus, legislative inaction fails to uphold these international commitments.
A Call for Comprehensive Legal Reforms
Nigeria has a unique opportunity to lead the way, rather than merely reacting to developments in surrogacy. The proposed Nigerian Surrogacy Act should clearly define legal recognition of surrogacy contracts, specifying the rights and obligations of all parties involved. The Act should mandate psychological evaluations, independent legal advice, medical oversight, and postnatal support for surrogate mothers. Additionally, it should establish transparent remuneration structures that are agreed upon in advance and shielded from arbitrary changes. Proper regulation of practitioners and institutions through a licensing and certification system would eliminate unregulated operators and foster a more accountable and transparent sector.
The Path Towards Ethical Surrogacy Practice
As legislation is pursued, many practitioners in responsible institutions are already implementing standards that align with eventual legal expectations. Surrogate mothers are subjected to psychological assessments, parties are encouraged to seek independent legal advice, and welfare monitoring occurs throughout the pregnancy. Compensation agreements are formally documented from the outset, paving the way for improved ethical standards.
Nevertheless, voluntary ethical standards alone are insufficient. Good practices should not solely depend on individual integrity; they must also be protected and enforced through comprehensive legal frameworks. When properly regulated, surrogacy has the potential to become a profoundly compassionate avenue for family-building, safeguarding the dignity and well-being of all parties involved. However, without a robust legal structure, even the best intentions cannot guarantee adequate protection.
Nigeria is at a pivotal juncture. As discussions surrounding reproductive rights, infertility treatments, and cross-border surrogacy evolve globally, the nation has the chance to establish a modern, ethical, and internationally consistent legal framework. The pressing question is no longer whether Nigeria needs surrogacy legislation, but rather how long it can continue functioning effectively without such a system.
*Olaronke Ugweke Thaddeus writes from Lagos
