The Legality Of Surrogacy Practice In Nigeria

Surrogacy is an increasingly sought-after option for couples struggling with infertility, but its legal status in Nigeria remains unclear due to a lack of comprehensive federal legislation.

In this article, we respond to some important questions on the legality of surrogacy practice in Nigeria.

 

What is surrogacy?

Surrogacy is an arrangement where a woman (the surrogate mother) carries and gives birth to a child on behalf of another person or couple (the intended parents). It can be:

1. Traditional Surrogacy – where the surrogate provides her own egg and is artificially inseminated.
2. Gestational Surrogacy – where the surrogate carries an embryo created using the egg and sperm of the intended parents or donors, with no genetic link to the surrogate.

 

Is surrogacy legal in Nigeria?

There is no specific federal law regulating surrogacy in Nigeria. However, some states, like Lagos, have guidelines allowing surrogacy under the Lagos State Assisted Reproductive Technology (ART) Law, 2021.

1. The Child Rights Act, 2003 governs child welfare but does not explicitly address surrogacy.
2. Surrogacy agreements are often enforced as private contracts between parties, making them subject to contract law.

 

Is surrogacy recognized by Nigerian law?

While surrogacy is not explicitly illegal, it is not expressly recognized under Nigerian law either. In the absence of clear legislation, courts often treat surrogacy agreements as contractual arrangements, meaning enforceability depends on the terms of the agreement and general contract law principles.

Courts may refuse to recognize the agreement if it contradicts public policy or the surrogate refuses to relinquish the child.

Legal challenges can arise if disputes occur between the surrogate and the intended parents.

 

Who can be a surrogate in Nigeria?

Although there are no clear federal laws, common practices require that a surrogate must:

1. Be of legal age (typically 21 years and above).
2. Have given birth before (to reduce medical and emotional risks).
3. Pass medical and psychological screenings.
4. Sign a legally binding contract outlining rights, responsibilities, and compensation (if applicable).

 

What role do fertility clinics play in surrogacy in Nigeria?

Fertility clinics facilitate surrogacy arrangements by:

1. Conducting medical and psychological evaluations of surrogates and intended parents.
2. Providing in vitro fertilization (IVF) and embryo transfer services.
3. Offering counseling to both surrogates and intended parents.

However, due to lack of government oversight, some clinics may engage in unethical practices, making legal due diligence essential.

 

What steps should intended parents take before entering a surrogacy agreement in Nigeria?

To minimize legal risks, intended parents should:

1. Consult an experienced lawyer – To draft a legally sound surrogacy contract.
2. Use reputable fertility clinics – To ensure ethical and medical compliance.
3. Get a court order – To secure legal parenthood after birth.
4. Prepare for adoption (if necessary) – In case the court requires a formal adoption process.
5. Ensure all parties undergo medical and psychological screenings.

 

Can foreigners engage in surrogacy in Nigeria?

Foreigners can access surrogacy in Nigeria, but there are no clear legal protections for international intended parents. Immigration and nationality laws may complicate the child’s status. Some clinics facilitate cross-border surrogacy arrangements, but due diligence is required.

 

Conclusion

Surrogacy in Nigeria operates in a legal grey area, with no comprehensive federal legislation governing the process. While some states like Lagos have guidelines, there is no national legal framework to protect intended parents, surrogates, or the child. Couples considering surrogacy must take legal precautions, including drafting contracts, seeking court orders, and consulting fertility experts.

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.

By Deborah Ogedengbe for Adeola Oyinlade & Co.

 

Adeola Oyinlade & Co. is a leading full-service law firm in Nigeria offering legal support to both local and foreign clients in the area of family law.

To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com

Mobile: +234 803 826 7683 / +234 802 686 0247/ +234 814 198 3314