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

Abstract

Through assisted conception, technology has made itpossible for couples who otherwise cannot bear children tobecome happy parents. One way through which this hashappened is surrogacy. Though a fast-emerging trend inNigeria, there is neither statutory nor case law for theregulation of its practice. As more and more Nigeriansembrace surrogacy, disputes are bound to arise between theparties to the surrogacy arrangement. In such situation, thecourts will be put in a difficult position in the absence ofapplicable laws. This paper examines the nature ofsurrogacy and situates it in extant Nigerian family law. Itargues that without a regime of surrogacy laws in Nigeria,the emerging trend is a legal minefield. With a view tomaking appropriate recommendations for surrogacylegislation in Nigeria, the paper studies the surrogacy lawsof the United Kingdom, Israel and South Africa. It arguesthat due to poverty and illiteracy, unregulated surrogacy inNigeria would be deleterious to surrogates, intendingparents and society at large. The paper makesrecommendations for a legal regime for state-regulatedsurrogacy in Nigeria.