SURROGACY IN NIGERIA: AN EMERGING TREND ON AN UNCHARTED LEGAL TERRAIN

Abstract

Through assisted conception, technology has made it possible for couples who otherwise cannot bear children to become happy parents. One way through which this has happened is surrogacy. Though a fast-emerging trend in Nigeria, there is neither statutory nor case law for the regulation of its practice. As more and more Nigerians embrace surrogacy, disputes are bound to arise between the parties to the surrogacy arrangement. In such situation, the courts will be put in a difficult position in the absence of applicable laws. This paper examines the nature of surrogacy and situates it in extant Nigerian family law. It argues that without a regime of surrogacy laws in Nigeria, the emerging trend is a legal minefield. With a view to making appropriate recommendations for surrogacy legislation in Nigeria, the paper studies the surrogacy laws of the United Kingdom, Israel and South Africa. It argues that due to poverty and illiteracy, unregulated surrogacy in Nigeria would be deleterious to surrogates, intending parents and society at large. The paper makes recommendations for a legal regime for state-regulated surrogacy in Nigeria.