NAVIGATING INFORMED CONSENT IN SURROGACY: BOUNDARIES AND LIMITATIONS

Abstract

Informed consent is a foundational principle in ethical medical practice, yet its application in surrogacy remains deeply problematic in jurisdictions lacking clear legislative frameworks. In Nigeria where surrogacy is increasingly practiced despite the absence of comprehensive legal regulation; the process of obtaining truly informed consent is fraught with ambiguity and ethical concerns. The intersection of legal and ethical considerations makes informed consent in surrogacy a particularly complex issue. On the other hand, the complexity of surrogacy arrangements involving balancing the rights and interests of intended parents, surrogate mothers, and, ultimately, the child creates ethical, legal, and psychological considerations that must be carefully navigated. While efforts have been made with several proposed bills before the National Assembly seeking to regulate assisted reproductive technologies and surrogacy; these legislative initiatives remain pending, leaving a regulatory vacuum that complicates the process of securing genuine informed consent. This paper explores the boundaries and limitations of informed consent in surrogacy, analyzing the extent to which surrogates can provide truly autonomous consent, the evolving nature of consent throughout the process, and the role of legal frameworks in safeguarding all parties involved. It further examines power imbalances, cultural and economic factors, and the potential for coercion in surrogacy agreements. The paper highlights the importance of establishing robust boundaries, such as comprehensive counseling, detailed information disclosure, and clear legal frameworks, to protect the rights and well-being of all parties involved. By highlighting key ethical dilemmas including concerns about exploitation and commodification, emotional uncertainty, and legal variability and proposing strategies for more robust consent mechanisms, this paper aims to contribute to the ongoing discourse on acceptable and equitable surrogacy practices. Hence argues for a recalibration of legal and ethical standards to ensure that consent in surrogacy is both meaningfully informed and genuinely voluntary, thereby promoting fairness and dignity for all parties involved.