REGULATING SURROGACY IN NIGERIA: CULTURAL ACCEPTANCE, EXPLOITATION RISKS, AND LESSONS FROM SOUTH AFRICA AND INDIA

Abstract

The increasing use of assisted reproductive technologies has contributed to the growing practice of surrogacy in Nigeria, yet the country lacks a comprehensive legal framework to regulate the rights and obligations of surrogate mothers, intended parents, donors, fertility clinics, and children born through such arrangements. The absence of specific legislation has created significant legal uncertainty regarding parentage, contractual enforceability, child welfare, reproductive autonomy, and protection against exploitation. This article examines the legal, ethical, cultural, and socio-religious dimensions of surrogacy in Nigeria with a view to identifying existing regulatory deficiencies and proposing an appropriate legal framework. Adopting a doctrinal methodology complemented by comparative legal analysis, the study analyses relevant constitutional provisions, statutes, judicial decisions, policy instruments, and scholarly literature, while drawing comparative lessons from India and South Africa. The study finds that Nigeria's current reliance on private contractual arrangements, professional medical guidelines, and fragmented statutory provisions is inadequate to address the complex legal and ethical issues arising from surrogacy. It further reveals that cultural values, religious beliefs, and societal perceptions significantly influence the acceptance and regulation of surrogacy, making the transplantation of foreign regulatory models unsuitable without contextual adaptation. Comparative analysis demonstrates that while India's restrictive altruistic model and South Africa's court-supervised statutory framework provide valuable regulatory lessons, neither model adequately reflects Nigeria's plural legal system and socio-cultural realities. The article argues that the effective regulation of surrogacy in Nigeria requires more than the enactment of legislation; it requires the development of a culturally responsive, rights-based federal regulatory framework that integrates constitutional principles, child welfare, reproductive rights, ethical safeguards, and Nigeria's cultural and religious values. It recommends the enactment of a comprehensive Assisted Reproductive Technology and Surrogacy Act establishing clear rules on legal parentage, enforceability of surrogacy agreements, informed consent, counselling, regulatory oversight, dispute resolution, and the protection of all parties. The study contributes to the existing literature by advancing an integrated regulatory model that reconciles international best practices with Nigeria's unique constitutional, legal, and socio-cultural context.