By Abayomi Ajayi
In Nigeria’s rapidly expanding fertility sector, Assisted Reproductive Technology has advanced at remarkable speed, but the law hasn’t kept pace. Across the country, fertility clinics now offer IVF, embryo freezing, donor programmes and gestational surrogacy, giving thousands of couples renewed hope of becoming parents. Yet behind every successful surrogacy arrangement lies an uncomfortable reality: Nigeria has no comprehensive national law regulating the practice.
As more couples embrace assisted reproduction, legal experts say the absence of clear legislation is no longer a technical concern. It has become an urgent issue affecting intending parents, surrogate mothers, healthcare providers and, above all, children born through these arrangements.
Surrogacy is widely regarded as one of the most significant advances in reproductive medicine. It enables women who cannot safely carry a pregnancy because of congenital abnormalities, serious medical conditions, recurrent pregnancy loss or a previous hysterectomy to have genetically related children.
In gestational surrogacy, now the standard practice in fertility centres, embryos created through IVF are transferred into the uterus of a surrogate, who has no genetic relationship with the child. Medically, the process is well established. Legally, however, it remains far less certain.
Unlike countries that have enacted laws covering eligibility, parental rights, compensation, citizenship, dispute resolution and the welfare of children born through surrogacy, Nigeria still relies largely on private contracts between intended parents and surrogates. Lawyers say these agreements offer some protection, but they cannot substitute for comprehensive legislation.
Written agreements are required before treatment begins, and these documents typically spell out financial obligations, medical care, confidentiality, responsibilities during pregnancy and custody after delivery. Even so, contracts have limits.
If disagreements arise over selective fetal reduction, unexpected medical complications, disabilities detected during pregnancy or decisions about whether a pregnancy should continue, courts may have little legislative guidance to rely on. Similar questions arise if either party dies during the pregnancy, divorces or becomes financially unable to fulfil agreed responsibilities.
The law should remove ambiguity before disputes occur rather than trying to solve them afterwards. At the heart of every surrogacy arrangement is a child whose rights deserve the highest level of protection. Any legislation should make the child’s welfare the overriding consideration in every surrogacy agreement.
Issues such as birth registration, nationality, inheritance rights and legal parentage should be clearly defined from birth. Children born through assisted reproduction should never become victims of legal uncertainty simply because science advanced faster than legislation. Countries with established surrogacy frameworks generally place the child’s interests above competing claims by adults, so future legislation should follow the same principle.
Legislation should guarantee comprehensive medical screening, independent legal advice, psychological assessment, informed consent and continued healthcare for every surrogate. Such safeguards would reduce the risk of exploitation while ensuring women fully understand the physical and emotional implications of becoming surrogates.
Should commercial surrogacy be permitted? Some countries prohibit financial compensation beyond genuine medical expenses, allowing only altruistic arrangements between relatives or close friends. Others permit regulated compensation while criminalising exploitation and commercial brokerage. Nigeria has yet to adopt a definitive position.
There are worries that widespread poverty could pressure vulnerable women into becoming surrogates primarily for financial survival. But fair compensation recognises the physical, emotional and economic demands of pregnancy. Rather than banning compensation outright, there is favour for strict regulation that prevents coercion while protecting the dignity and autonomy of surrogate mothers.
Nigeria’s fertility industry has expanded rapidly over the past two decades. Many fertility centres now offer services comparable to international standards, attracting not only Nigerians but also patients from other African countries. However, licensing requirements, reporting standards and regulatory oversight remain uneven.
National legislation should establish uniform standards for fertility clinics, laboratories and surrogacy programmes. These could cover staff qualifications, embryo storage, record-keeping, counselling services, informed consent procedures, advertising practices and ethical review mechanisms. Greater transparency would strengthen public confidence while protecting patients from unethical practices.
The United Kingdom permits altruistic surrogacy under strict legal conditions. Some states in the United States recognise enforceable surrogacy agreements, while others prohibit them altogether. Canada allows altruistic surrogacy but bans commercial payments beyond legitimate expenses, while several European countries prohibit surrogacy entirely on ethical grounds.
Those different approaches show that there is no universal model, and Nigeria does not need to replicate another country’s system. Instead, there is an argument that the country should develop legislation that reflects local realities while safeguarding human rights, medical ethics and the best interests of children.
Any reform must also recognise Nigeria’s cultural and religious diversity because surrogacy touches deeply held beliefs about marriage, motherhood and family. Some faith communities accept assisted reproduction under specific conditions, while others reject third-party involvement in pregnancy altogether. Traditional beliefs also shape public opinion, and many Nigerians still equate motherhood solely with carrying a pregnancy, making surrogacy difficult for some to accept.
As surrogacy becomes more common, the risks associated with legal uncertainty continue to grow. Disputes are likely to increase. Unscrupulous brokers may exploit vulnerable women. Patients could seek services from unregulated providers. Children may face avoidable legal complications, while doctors find themselves working in areas where their professional responsibilities are not clearly defined.
Nigeria has repeatedly demonstrated the ability to embrace medical innovation. Assisted reproductive technology has already brought joy to countless families who were once told they would never have children. Now the law must catch up with the science. Comprehensive surrogacy legislation would not encourage irresponsible practices. It would establish clear rules, protect the rights of everyone involved and safeguard the dignity of every child born through assisted reproduction.
As surrogacy becomes an increasingly important part of Nigeria’s reproductive healthcare landscape, the question is no longer whether the country needs legislation. It is how much longer families, healthcare providers and children should be expected to wait.
In this article