Is Surrogacy Legal in Nigeria?

Last updated on October 3rd, 2023 at 11:45 pm

If you want to be a surrogate mother in Nigeria, there are many articles that explain the meaning and implications for entering the surrogate agreement with a third party. Surrogacy is a type of reproductive option gaining popularity worldwide. Countries such as the United States, Canada, and certain European nations have established legal frameworks for surrogacy. These destinations attract individuals and couples from around the world who seek surrogacy services. However, embarking on international surrogacy journeys involves navigating complex legal systems, financial considerations, and potential cultural and language barriers.

In the case of Nigeria, a country with a complex legal landscape, the status of surrogacy remains a subject of debate and uncertainty. This article delves into the legal framework surrounding surrogacy in Nigeria, explores the challenges and controversies it faces, and highlights the potential advantages of legalizing the practice. In the subsequent paragraph, we define surrogacy in Nigeria.

WHAT IS SURROGACY?

Surrogacy is a method of assisted reproduction where a woman (the surrogate) carries a pregnancy and gives birth to a child on behalf of another individual or couple (the intended parents). It can be a viable option for individuals or couples who are unable to conceive or carry a child themselves due to various medical, genetic, or personal reasons. Surrogacy comes in different forms, including traditional surrogacy (where the surrogate is also the genetic mother) and gestational surrogacy (where the surrogate carries an embryo created through in vitro fertilization using the intended parents’ gametes or donor gametes).

IS SURROGACY LEGAL IN NIGERIA?

Currently, Nigeria does not have specific legislation addressing surrogacy. This legal vacuum has created uncertainties and challenges for those seeking surrogacy arrangements within the country. Without clear legal guidelines, the practice operates in a legal gray area, leaving all parties involved vulnerable to potential disputes and exploitation.

Determining the legal status of surrogacy in Nigeria is not a straightforward matter. Presently, there is a lack of an established legal framework specifically addressing surrogacy arrangements in the country. However, it is important to note that the absence of specific legislation does not necessarily equate to a complete prohibition of surrogacy.

In the absence of a clear legal framework, the use of written agreements between the couple seeking surrogacy and the prospective surrogate mother can help minimize potential legal complications. When all parties involved reach a mutual agreement and exchange something of value, such contractual agreements can provide a level of protection.

Nonetheless, it is crucial to recognize the existing legal uncertainties surrounding surrogacy in Nigeria. Without explicit legislation governing the practice, various legal risks and challenges may arise. The absence of clear guidelines can make it difficult for individuals involved in surrogacy arrangements to navigate the legal landscape effectively.

WHAT DOES THE NIGERIAN LAW SAY ABOUT SURROGACY

While Nigeria lacks specific surrogacy laws, certain existing legislation, such as the National Health Act and the Lagos State Assisted Reproductive Technology Regulation, indirectly touch upon certain aspects of surrogacy. These regulations primarily focus on licensing and oversight of fertility clinics and assisted reproductive technologies rather than explicitly addressing surrogacy arrangements.

CHALLENGES AND CONTROVERSIES

Surrogacy, as a complex and emotionally charged topic, gives rise to numerous challenges and controversies. Understanding these concerns is crucial for assessing the legal status of surrogacy in Nigeria.

• ETHICAL CONSIDERATIONS

One of the primary concerns surrounding surrogacy is the ethical dimension. Critics argue that it commodifies the human body and potentially exploits vulnerable women. Questions about autonomy, informed consent, and the potential for coercion or undue influence in surrogacy arrangements often fuel the ethical debate.

• CULTURAL AND RELIGIOUS FACTORS

Nigeria, a diverse country with a multitude of cultural and religious beliefs, faces challenges in reconciling surrogacy with these different worldviews. Traditional values, societal norms, and religious teachings often shape public opinion and influence policy decisions related to reproductive technologies.

• EXPLOITATION CONCERNS

The absence of clear legal regulations governing surrogacy in Nigeria opens the door to potential exploitation of surrogate mothers. Without robust legal protections and safeguards, surrogate mothers may face risks related to their physical and emotional well-being, fair compensation, and the transfer of parental rights.

ADVANTAGES OF LEGALIZING SURROGACY IN NIGERIA

Despite the challenges and controversies surrounding surrogacy, legalizing the practice in Nigeria could offer several advantages worth considering.

• FAMILY-BUILDING OPTIONS

Legalizing surrogacy would provide individuals and couples with alternative paths to parenthood. Those who cannot conceive or carry a child themselves due to medical conditions or other factors would have the opportunity to build a family through surrogacy, expanding their choices and possibilities.

• ECONOMIC BENEFITS

Surrogacy can bring economic advantages to the country by attracting medical tourism and investment in fertility clinics and related services. With proper regulation and oversight, surrogacy can contribute to the growth of the healthcare industry, generating employment opportunities and fostering economic development.

• MEDICAL ADVANCEMENTS

The legalization of surrogacy could stimulate advancements in reproductive medicine and foster collaborations between medical professionals and researchers. The experience gained through legal surrogacy arrangements could lead to improved fertility treatments, better outcomes for intended parents, and advancements in reproductive health overall.

WHAT TO CONSIDER WHEN ENTERING A SURROGACY AGREEMENT IN NIGERIA

Surrogacy agreements are becoming increasingly common in Nigeria, as there is no explicit prohibition against them. However, the absence of specific laws regulating surrogacy in the country exposes the parties involved to potential legal risks. In the absence of comprehensive legislation, it is crucial to establish certain safeguards to minimize the chances of encountering legal complications.

The primary safeguard is to ensure that both parties enter into a written contract that clearly outlines the rights and obligations of each party regarding the surrogacy arrangement. This contract should include a clear offer and acceptance, as well as the exchange of valuable consideration between the intending parent(s) and the surrogate mother. While other aspects of the surrogacy agreement are also important, following these guidelines will help ensure the contract’s enforceability. By implementing these safeguards, surrogacy agreements can be upheld in Nigerian courts if any party fails to adhere to the terms of the contract.

Upon the child’s birth, it is advisable for the intending parents to seek a custody order to establish their parental rights. By obtaining such an order, the intending parents can mitigate the legal risks associated with surrogacy in Nigeria.

The need for comprehensive regulation of Assisted Reproductive Technology in Nigeria is urgent.

CONCLUSION

The legal status of surrogacy in Nigeria remains uncertain and subject to ongoing debates and proposed legislation. While the absence of specific laws creates challenges and uncertainties, it is important to consider the potential advantages of legalizing surrogacy, such as expanded family-building options, economic benefits, and advancements in reproductive medicine. As Nigeria continues to grapple with the complexities of surrogacy, it is crucial to strike a balance between ethical considerations, cultural values, and the need for comprehensive legal regulations that protect the rights and well-being of all parties involved.

FAQs

1. Is surrogacy widely accepted in Nigeria? Surrogacy is a topic of ongoing debate in Nigeria, with varying levels of acceptance among different segments of society. Public opinion is influenced by cultural, religious, and ethical considerations.
2. Can same-sex couples opt for surrogacy in Nigeria? The legal status of surrogacy in Nigeria does not explicitly address same-sex couples. Without specific regulations, it is currently unclear whether surrogacy is accessible to same-sex couples within the country.
3. Are there any age restrictions for intended parents? In the absence of dedicated surrogacy laws, age restrictions for intended parents are not clearly defined. However, fertility clinics may have their own policies and guidelines regarding age limits.
4. What are the alternatives to surrogacy in Nigeria? In Nigeria, alternatives to surrogacy include adoption, fostering, and various assisted reproductive technologies such as in vitro fertilization (IVF) or the use of donor gametes.
5. How does surrogacy impact the rights of the surrogate mother? The absence of specific surrogacy laws in Nigeria raises concerns about the rights and well-being of surrogate mothers. Legalizing surrogacy would require comprehensive regulations to protect the rights, health, and fair compensation of surrogate mothers.