Surrogacy has gained attention as an alternative reproductive method, particularly for those unable to conceive naturally. In Nigeria, where infertility issues are prevalent, surrogacy presents a potential solution. However, the legal stance on surrogacy in Nigeria is not straightforward, leading to confusion and uncertainty for prospective parents and surrogates.
Legal Framework
As of now, Nigeria does not have a specific federal law regulating surrogacy. The absence of a clear legal framework means that surrogacy arrangements are neither explicitly prohibited nor explicitly permitted. This legal ambiguity poses significant challenges for those considering surrogacy.
Customary and Religious Influences
In Nigeria, customary laws and religious beliefs play a crucial role in shaping societal norms and legal perspectives. These traditional views often influence attitudes towards surrogacy, with some communities and religious groups expressing strong opposition to the practice.
Case Law and Precedents
There have been a few cases related to surrogacy in Nigerian courts, but these have not resulted in a definitive legal stance. The lack of legal precedents leaves a gap in understanding how surrogacy agreements would be interpreted and enforced by the judiciary.
Types of Surrogacy
Traditional Surrogacy
In traditional surrogacy, the surrogate mother is also the biological mother of the child. This form of surrogacy can be more legally complicated due to the surrogate's genetic link to the child.
Gestational Surrogacy
Gestational surrogacy, where the surrogate has no genetic ties to the child, involves in vitro fertilization (IVF) to implant the intended parents' embryo into the surrogate's uterus. This method is generally preferred due to the clear distinction in parental roles.
Challenges and Ethical Concerns
Legal Uncertainty
The lack of specific laws creates legal uncertainty for all parties involved. Issues such as parental rights, custody, and the enforceability of surrogacy agreements remain unresolved.
Ethical Considerations
Surrogacy raises ethical questions regarding the exploitation of women, the commodification of children, and the potential for coercion. These concerns are amplified in countries without robust legal protections and regulations.
