Surrogacy is a life-changing process that allows individuals and couples to build their families through assisted reproductive technology. However, the legalities surrounding surrogacy can vary widely from country to country, and Nigeria is no exception. In this article, we will explore the legal framework of surrogacy in Nigeria, including the challenges, regulations, and protections available for all parties involved in the surrogacy process.
1. The Current Legal Status of Surrogacy in Nigeria
Currently, Nigeria does not have a comprehensive national law that governs surrogacy. As a result, the practice exists in a legal gray area, and there is no clear legislation specifically regulating surrogacy arrangements. This means that individuals or couples seeking to pursue surrogacy in Nigeria often face ambiguity and uncertainty when it comes to the legal aspects of the process.
While there are no explicit laws prohibiting surrogacy, there are also no laws that comprehensively address the rights and obligations of the intended parents, the surrogate mother, or the child. This lack of regulation often leads to complications and legal challenges that can arise during and after the surrogacy process.
2. Surrogacy Agreements: The Role of Contracts
Given the absence of specific laws in Nigeria, surrogacy arrangements are typically governed by private contracts between the intended parents and the surrogate mother. These contracts are essential for outlining the terms and conditions of the surrogacy process, including financial compensation, medical care, and the responsibilities of all parties.
A well-drafted surrogacy agreement should address the following key elements:
- Compensation: The financial arrangement between the intended parents and the surrogate, including payment for medical expenses, lost wages, and other costs.
- Medical Care: Who is responsible for medical costs during the pregnancy and delivery, and how those costs will be handled.
- Parental Rights: Clarification of who will be recognized as the legal parents of the child once born, and how parental rights will be transferred.
- Surrogate’s Rights: What rights the surrogate has during the pregnancy, including decisions about her health, the pregnancy, and the birth.
Although surrogacy contracts are not formally recognized by Nigerian law, they can still serve as important tools for outlining the terms of the surrogacy arrangement and offering some degree of protection for both the intended parents and the surrogate.
3. The Legal Process of Parental Rights Transfer
One of the most significant challenges faced by intended parents in Nigeria is the legal recognition of their parental rights over the child born through surrogacy. Since surrogacy is not explicitly regulated, there is no clear legal process for transferring parental rights from the surrogate to the intended parents.
In some countries, surrogacy agreements automatically recognize the intended parents as the legal parents, but this is not the case in Nigeria. As a result, intended parents may have to go through lengthy and complex legal processes, such as adoption, to establish legal parenthood. This can be particularly challenging if the surrogate mother changes her mind or refuses to relinquish her parental rights after the birth of the child.
4. The Role of the Nigerian Courts in Surrogacy
Due to the lack of specific surrogacy laws, Nigerian courts are sometimes called upon to make rulings in surrogacy-related cases. These cases often involve disputes between intended parents and surrogate mothers, and may address issues such as custody, parental rights, and the enforceability of surrogacy contracts.
However, because there is no established legal framework for surrogacy, the outcomes of these cases can vary greatly, and the courts often rely on existing laws related to family and child welfare to make decisions. This adds an additional layer of uncertainty for individuals considering surrogacy in Nigeria.
5. Ethical and Cultural Considerations
In addition to legal concerns, surrogacy in Nigeria is also influenced by ethical and cultural factors. Nigeria has a predominantly conservative society, and many people may view surrogacy as controversial or unacceptable. Issues such as the involvement of a third party in pregnancy, the commercialization of childbirth, and the rights of the child can lead to public debate and moral concerns.
These cultural attitudes can also affect how surrogacy is practiced in Nigeria, with many intended parents seeking surrogacy arrangements through informal or private channels. In some cases, religious or cultural beliefs may lead to misunderstandings or conflicts during the surrogacy process.
6. The Way Forward: Advocating for Legal Reform
As the practice of surrogacy continues to grow, there is a growing call for clearer legal regulations to protect the rights of all parties involved. Advocates for surrogacy reform argue that creating a clear legal framework would help provide protections for intended parents, surrogates, and children, ensuring that surrogacy is carried out ethically and transparently.
Proposed reforms include:
- Establishing laws that clearly define the rights of intended parents and surrogates, as well as the legal status of children born through surrogacy.
- Providing a formal process for the transfer of parental rights from the surrogate to the intended parents, ensuring that the child’s best interests are prioritized.
- Regulating the financial aspects of surrogacy to prevent exploitation and ensure fair compensation for surrogates.
These reforms would help to create a more structured, transparent, and legally sound framework for surrogacy in Nigeria, making the process safer for everyone involved.
Conclusion
The legal framework of surrogacy in Nigeria is currently characterized by a lack of formal regulation, which creates both opportunities and challenges for individuals seeking to build their families through surrogacy. Although private contracts can provide some protection, the absence of clear laws surrounding surrogacy in Nigeria leaves much room for uncertainty, especially regarding parental rights and the enforceability of surrogacy agreements.
With growing awareness of surrogacy and the increasing demand for fertility treatments, the call for legal reform is becoming louder. A comprehensive legal framework would ensure that surrogacy is practiced in a safe, ethical, and transparent manner, offering protection and clarity for all parties involved in the process. As the surrogacy landscape evolves, it is crucial for Nigerian lawmakers to consider these issues and work toward establishing a legal structure that supports and safeguards the rights of intended parents, surrogates, and children alike.
Surrogacy is about more than creating families—it’s about creating hope. If you’re considering surrogacy, let Journey to Parenthood Consult guide you every step of the way.
📩 Contact us today to begin your journey to parenthood!