19/04/2025
Nigeria Surrogacy Regulatory Commission Bill (2024): Exploring family law, legislative gaps in surrogacy
In spite of the Nigeria Surrogacy Regulatory Commission Bill (2024), existing legal framework surrounding surrogacy in Nigeria has not entrenched confidence in the system as experts highlight loopholes that make it fall short of expectations in relation to other jurisdictions while they call for urgent comprehensive legal structure to protect the rights of parties.
Surrogacy, a kind of Assisted Reproductive Technology (ATR), used as treatment for infertility, has been in existence globally for years but it is just gaining ground in terms of recognition and acceptance in Nigeria basically because of entrenched beliefs and norms generally influenced by religion and culture. But while it has emerged as a significant reproductive option globally, it remains largely unregulated in Nigeria.
Surrogacy is a situation where a woman known as the surrogate mother becomes pregnant on behalf of another woman referred to as the commissioning mother and subsequently delivers the baby for her; the woman, acting as a third party, bears a pregnancy on behalf of the intended parents and relinquishes the child to them upon delivery.
Culturally, surrogacy remains a controversial topic. It is often misunderstood or viewed as taboo, with stigma preventing open discussions in many families. Religious opinions vary, with some leaders supporting it as a compassionate act and others questioning its morality. This cultural resistance adds another layer of complexity for those considering this path.
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