Surrogacy is a practice where a woman carries a child for another person or couple. It has deep historical roots but remains a contentious issue in modern Nigeria.
However, despite its increasing prevalence, the country lacks a clear legal framework to regulate surrogacy, leaving many in a grey area where morality, rather than legislation, dictates the rules.
Historically, surrogacy is not new. Ancient records highlight how societies navigated infertility through surrogate arrangements. Biblical narratives describe how Sarah, Abraham’s wife, enlisted her servant Hagar to bear a child on her behalf.
Similarly, a 4,000-year-old Assyrian tablet outlines how husbands could father children through a wife’s slave if the wife was infertile.
In Nigeria, the Igbo tradition of woman-to-woman marriage also reflects how societies have long sought alternatives to biological motherhood. In these arrangements, a woman who could not conceive would “marry” another woman to bear children, ensuring continuity and social status.
Yet, despite its historical precedents, surrogacy in Nigeria remains stigmatized. Cultural and religious beliefs contribute to public discomfort, often framing surrogacy as unnatural or morally questionable. This stigma prevents open discussions, leaving many women who seek surrogates to do so discreetly.
Lack of Frameworks
The lack of specific legal provisions adds another layer of complexity. According to Dr. Ajulo (SAN), the Attorney-General and Commissioner for Justice in Ondo State, Nigeria’s Constitution does not explicitly address surrogacy.
The Nigerian Child Rights Act (2003) outlines children’s rights but omits any mention of surrogacy arrangements. Although a few states have regulations around assisted reproductive technology (ART), there is no unified legal structure guiding surrogacy practices nationwide. This ambiguity leaves surrogates vulnerable—often considered the legal mothers until custody is formally transferred through adoption or parental orders.
The ethical debate surrounding surrogacy extends beyond legality. Critics argue that surrogacy commodifies women’s bodies, turning reproduction into a financial transaction. For marginalized women, the lure of financial compensation can make surrogacy a survival strategy, raising concerns about exploitation.
However, proponents argue that when a woman consents to surrogacy with full knowledge of the risks—whether physical, psychological, or emotional—it is an expression of her bodily autonomy. This echoes debates around other forms of bodily labor, such as sex work, where consent and transparency define ethical boundaries.
Dangers
Without clear laws, surrogates in Nigeria face uncertain outcomes. Legal disputes over parental rights could arise, and without formal protections, both surrogates and intended parents are left vulnerable to exploitation.
Advocates are calling on the Nigerian government to prioritize the creation of a comprehensive legal framework that protects all parties involved. This would include guidelines for informed consent, medical care, and the legal recognition of intended parents from the outset.
Surrogacy Must Be Protected
Public awareness is also crucial. Campaigns to educate Nigerians on surrogacy’s legal and ethical dimensions could reduce stigma and promote informed decision-making.
Ethical guidelines must also be established to ensure fair treatment of surrogates while protecting vulnerable populations from exploitation.
As surrogacy becomes more common in Nigeria, the need for legislative clarity grows more urgent. Without robust legal structures and ethical safeguards, those involved in surrogacy remain at risk—trapped in a system where social stigma and legal ambiguity overshadow personal choice and bodily autonomy.
