Perspectives on Surrogacy Practices and Law in Nigeria: A Call for Policy Intervention

Abstract

Surrogacy is increasing in African countries such as Nigeria as more people who are unable to have children rely on this practice to become parents. The unregulated nature of surrogacy in Nigeria has resulted in several cases of human rights violations due to the lack of legal frameworks to oversee the practice, as well as significant problems related to the well-being of surrogates owing to the associated reproductive risks. It is imperative to regulate surrogacy and establish legal frameworks that protect the rights and interests of all parties involved, especially surrogate mothers. Although the mere existence of laws regulating surrogacy does not guarantee widespread compliance, these laws can serve as a reference point for the protection of women’s human rights. Regulating surrogacy in Nigeria will improve standards of practice and monitor agencies’ activities, thereby protecting the rights and interests of all participants. This article argues that legislation is the only way to address issues of informed consent and legal representation in human reproduction. Surrogacy agreements should include mechanisms to ensure that surrogate mothers have adequate legal representation and receive the necessary information to make informed decisions and consider potential psychosocial vulnerabilities. By addressing surrogates’ vulnerability, legislation can protect them from being unfairly exploited and subjected to health risks, in addition to fostering thoughtful and insightful policymaking in this area.