Surrogacy in Nigeria: Between Culture, Law, and the Quest for Parenthood.

● INTRODUCTION

In a society where family and children are highly valued, the inability to conceive often brings untold pain, stigma, and emotional strain. Advances in reproductive technology have opened doors to alternatives such as surrogacy, where another woman carries and delivers a child on behalf of intended parents. But while surrogacy is becoming common in medical practice in Nigeria, the legal framework governing it remains uncertain and controversial.

■ What is Surrogacy?

Surrogacy is an arrangement where a woman (the surrogate) agrees to become pregnant and give birth to a child for another person or couple (the intended parents). It can take two forms:

1. Traditional Surrogacy: where the surrogate’s own egg is fertilised, making her the biological mother of the child.

2. Gestational Surrogacy: where the surrogate only carries the pregnancy using embryos created from the intended parents’ gametes or donors. She has no genetic link to the child.

In Nigeria, both forms exist informally, especially through fertility clinics, but the law is silent on their regulation.

● Is Surrogacy Legal in Nigeria?

The short answer: there is no clear law. Nigeria has not enacted specific legislation regulating surrogacy. Unlike countries such as the United Kingdom (Human Fertilisation and Embryology Act 2008) or South Africa (Children’s Act 2005), Nigeria leaves the issue in a vacuum.

■ This absence of law raises serious legal questions:

1. Who is recognised as the legal mother, the surrogate who gives birth, or the intended mother?
2. Can a surrogacy agreement be enforced in court?
3. What happens if the surrogate refuses to hand over the child?

■ How are the rights of the child protected?

Currently, the Child’s Rights Act 2003 and the Matrimonial Causes Act provide some guidance on the welfare of children and legitimacy, but they do not directly address surrogacy.

■ Ethical and Cultural Concerns

Surrogacy in Nigeria also faces cultural and religious hurdles:

1. Many view it as “unnatural” or against divine will.
2. In traditional settings, a woman’s childlessness is often linked to spiritual causes, and surrogacy may be stigmatized.
3. The fear of commercial exploitation: where poor women rent out their wombs for financial gain, raises human rights concerns.

■ The Need for Regulation

Given the growing use of assisted reproductive technologies, Nigeria cannot afford to remain silent. Regulation is needed to:

1. Protect the rights of the surrogate mother.
2. Safeguard the best interests of the child.
3. Provide clarity on parental rights and responsibilities.
4. Prevent abuse, exploitation, and disputes.

■ Conclusion

Surrogacy in Nigeria remains a practice without a law. Families are embracing it out of desperation, but the courts have little guidance when disputes arise. If left unregulated, surrogacy could lead to complex battles over parenthood, inheritance, and child welfare.

The time has come for Nigerian lawmakers to look into this reality and enact a law that balances cultural values, ethical considerations, and human rights, because at its core, surrogacy is about the human quest for family, love, and belonging.