Lawyer raises concern over regulatory gaps in Nigeria’s surrogacy practice

The recent discourse surrounding Nigeria’s surrogacy landscape highlights a critical legislative vacuum that leaves practitioners and families in a state of legal uncertainty. Currently, Nigeria lacks a comprehensive federal statute governing assisted reproductive technology, forcing courts and legal professionals to rely on a patchwork of common law principles, the Child Rights Act, and the fundamental rights provisions of the 1999 Constitution. The absence of a clear regulatory framework creates significant risks regarding the legal parentage of children born through surrogacy, the enforceability of surrogacy contracts, and the protection of surrogate mothers from exploitation. As legal practitioners navigate this space, they are often forced to draft bespoke agreements that may lack statutory backing, leaving clients vulnerable to disputes that the current judicial system is ill-equipped to resolve without clear legislative guidance.

The legal significance of this development lies in the urgent need for a harmonized regulatory approach that balances technological advancement with ethical safeguards. For businesses operating in the fertility sector, the lack of oversight poses a reputational and operational risk, as the absence of standardized protocols complicates issues of informed consent and medical liability. Furthermore, the potential for human rights abuses necessitates a robust legal framework that prioritizes the best interests of the child, as mandated by international conventions to which Nigeria is a signatory. Practitioners must monitor the activities of the National Health Research Ethics Committee and any emerging bills in the National Assembly, as these will likely form the bedrock of future compliance requirements for fertility clinics and legal counsel alike.

For attorneys, the takeaway is to exercise extreme caution when drafting surrogacy arrangements, ensuring that all parties are fully apprised of the current legal ambiguity. Until specific legislation is enacted, practitioners should focus on robust contractual protections that address potential contingencies, including the transfer of parental rights and the financial obligations of the commissioning parents. It is advisable to maintain a watching brief on judicial precedents emerging from the High Courts, as these decisions currently serve as the primary source of guidance in the absence of statutory law. Moving forward, legal professionals should advocate for a regulatory environment that provides clarity, transparency, and security for all stakeholders involved in assisted reproductive arrangements.