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By Philip Nwosu
Concerns are growing over the absence of a comprehensive legal framework regulating surrogacy in Nigeria, amid rapid expansion of fertility clinics and increasing reliance on assisted reproductive technology by families seeking parenthood.
Stakeholders in the reproductive health sector warn that the continued lack of federal legislation governing surrogacy arrangements is exposing surrogate mothers, intending parents, fertility practitioners, and agencies to uncertainty, exploitation, and legal disputes.
According to Olaronke Ugwueke-Thaddeus, an advocate for surrogacy law and also a practitioner of surrogacy management, Nigeria’s surrogacy industry has witnessed significant growth over the past decade, with more individuals and couples, both locally and internationally, turning to gestational surrogacy as an alternative path to building families.
She said that despite the sector’s expansion, there is still no clear statutory framework defining the rights, obligations, and protections of parties involved in surrogacy agreements.
She argues that reliance on private contracts without explicit legal recognition has created gaps in accountability, welfare standards, and dispute resolution.
“After more than a decade of working within Nigeria’s surrogacy space, facilitating gestational surrogacy arrangements and advocating for ethical reproductive practices, it has become increasingly clear that the absence of federal legislation does not create freedom or flexibility. Instead, it creates uncertainty, vulnerability, and, in some cases, coercion for everyone involved.
“Surrogate mothers, intending parents, fertility practitioners, and agencies are all operating within a system where there is no comprehensive statutory protection. Agreements are governed largely by private contracts without explicit legal recognition or enforcement mechanisms under Nigerian law. In such an environment, disputes become difficult to resolve fairly, welfare standards vary widely, and vulnerable parties can easily be exposed to exploitation.” She noted.
She explained that in countries where surrogacy is properly regulated, laws clearly outline compensation structures, informed consent procedures, welfare protections, and mechanisms for resolving disputes before arrangements commence.
Observers say the absence of similar safeguards in Nigeria leaves surrogate mothers vulnerable to exploitation, particularly where there is limited access to independent legal representation, psychological support, and post-birth care.
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Intending parents are also said to face uncertainty over financial agreements, medical cooperation, and legal recognition of parental rights.
Experts further linked the issue to Nigeria’s international obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and the United Nations Palermo Protocol, which require measures to protect women from exploitation and establish safeguards for vulnerable persons.
They argued that legislative silence on surrogacy undermines these commitments and leaves room for unethical practices to thrive.
Calls are therefore mounting for the enactment of a Nigerian Surrogacy Act that would provide legal recognition for surrogacy agreements, define the rights and responsibilities of all parties, and establish enforceable welfare protections.
Stakeholders say such legislation should mandate psychological assessments, independent legal counsel, medical supervision, transparent compensation structures, and post-birth support for surrogate mothers.
They also advocated licensing and accreditation systems for fertility practitioners and agencies, as well as specialised dispute-resolution mechanisms to address sensitive reproductive law matters.
In addition, experts urged the government to criminalise coercive and exploitative practices within the surrogacy process.
While awaiting legislation, some ethical practitioners have reportedly adopted voluntary safeguards, including psychological screening, documented compensation agreements, welfare monitoring, and legal counselling for participants.
However, observers insist that voluntary standards alone are insufficient, stressing that proper regulation backed by law remains critical to protecting all parties involved and ensuring ethical reproductive practices in Nigeria’s growing surrogacy sector.
