Nigeria's surrogacy sector is expanding rapidly, with fertility clinics growing and reproductive technology advancing. More families, both locally and internationally, are turning to surrogacy to achieve parenthood. Yet, despite this growth, a critical element remains absent: a clear legal framework. This silence in the law is no longer sustainable.
After over a decade of working in Nigeria's surrogacy space, facilitating gestational surrogacy arrangements and advocating for ethical reproductive practices, it has become evident that the lack of federal legislation does not create freedom or flexibility. Instead, it breeds uncertainty, vulnerability, and sometimes coercion for all parties involved. Surrogate mothers, intending parents, fertility practitioners, and agencies operate without comprehensive statutory protection. Agreements rely on private contracts that lack explicit legal recognition or enforcement mechanisms under Nigerian law. In such an environment, disputes are hard to resolve fairly, welfare standards vary widely, and vulnerable individuals risk exploitation.
The core issue is not merely individual misconduct but legislative silence. In countries with proper surrogacy regulation, laws clearly define rights and responsibilities before any arrangement begins. Compensation structures are transparent, informed consent is mandatory, welfare protections are enforceable, and dispute resolution systems exist. Nigeria currently lacks these national safeguards.
The consequences are serious. A surrogate mother may enter an arrangement without independent legal representation or full understanding of her rights, potentially lacking guaranteed medical, psychological, or post-birth support. Intending parents also face uncertainty, including disputes over financial terms, medical cooperation, or legal documentation for parental recognition. Without legislation, everyone becomes vulnerable.
This legal vacuum raises international human rights concerns. Nigeria ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1985, committing to protect women from exploitation and ensure equal access to reproductive healthcare. Yet, four decades later, there is no comprehensive legal framework for one of its fastest-growing reproductive sectors. CEDAW requires measures to prevent exploitation and eliminate discriminatory practices. Similarly, the UN Palermo Protocol calls for systems distinguishing ethical reproductive arrangements from exploitative ones, protecting vulnerable persons through enforceable standards. Legislative silence thus represents a failure to meet these obligations.
Nigeria now has an opportunity to lead rather than react. A Nigerian Surrogacy Act should establish clear legal recognition for surrogacy agreements and define the rights and obligations of all parties. It should mandate psychological assessments, independent legal counsel, medical monitoring, and post-birth welfare support for surrogate mothers. Compensation structures must be transparent, agreed in advance, and legally protected from arbitrary changes.
Equally important is regulating practitioners and agencies through licensing and accreditation systems to eliminate unregulated operators and create a transparent, accountable sector. Specialized reproductive law tribunals or dispute-resolution mechanisms could handle sensitive cases swiftly and confidentially. The law must also criminalize coercive practices, whether directed at surrogate mothers, intending parents, or facilitated by unethical intermediaries.
While awaiting legislation, many ethical practitioners have already implemented standards that should become law. Responsible agencies conduct psychological screening, encourage independent legal advice, monitor welfare throughout pregnancy, and document compensation agreements clearly. However, voluntary ethical standards are insufficient. Good practice should not rely solely on individual integrity but be protected and enforced by law.
Surrogacy, when properly regulated, represents one of the most compassionate forms of human cooperation, enabling families while safeguarding dignity and welfare. Without legislation, even best intentions cannot guarantee protection. Nigeria stands at a defining moment. As global conversations on reproductive rights, fertility care, and cross-border surrogacy evolve, the country can shape a modern, ethical, and internationally aligned legal framework. The question is no longer whether Nigeria needs a Surrogacy Act. It does. The real question is how long it can afford to continue without one.
