RETHINKING REPRODUCTIVE RIGHTS BEYOND BIOLOGICAL MOTHERHOOD IN NIGERIA’S INDUSTRIAL SECTOR: LEGAL PERSPECTIVES

Abstract

In Nigeria's industrial sector, sexual and reproductive rights are primarily conceptualised through the lens of biological motherhood, emphasising fertility, pregnancy, and childbirth. This notion marginalises working-class women who, despite possessing reproductive rights, are unable to biologically reproduce. Using a doctrinal methodology, this article critically examines Nigeria’s constitutional provisions, statutory frameworks, and cases to reveal the inadequacy of its legal protection for sexual and reproductive autonomy beyond biological capacity. Particular attention is paid to the Constitution of 1999, the Labour Act, and the Child’s Rights Act, which collectively fail to recognise assisted reproductive technologies like surrogacy and adoption as legitimate avenues of reproductive expression which should possess reproductive right. The article will examine South Africa’s legal framework, where constitutional guarantees of dignity, equality, and reproductive health, alongside legislation such as the Children’s Act 2005 and the National Health Act 2003, explicitly regulate assisted reproduction, surrogacy and Adoption. A progressive shift towards recognising reproductive rights as grounded in autonomy rather than biological reproduction. The article highlights Nigeria's inadequacy in safeguarding women confronting infertility or choosing non-biological avenues to parenting. It advocates for a redefinition of reproductive rights in Nigeria that prioritises autonomy, dignity, and equality, ensuring alignment of national legislation with international and regional human rights commitments.