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International Journal of
Law
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VOL. 11, ISSUE 4 (2025)
An examination of the legal and ethical implications of unregulated surrogacy arrangements in Nigeria
Authors
Timibeleudi Tonyekiri, Ifeoluwayimika Bamidele, Abisola Akinleye
Abstract

The human need for reproduction and the continuation of lineage has persisted throughout life. There is a societal expectation of having children once married. However, some couples are faced with the issue of infertility and now resort to different measures to have children. Surrogacy being one of the methods of Assisted Reproductive Technology (ART) resorted to, is a growing practice which involves a woman agreeing to carry and birth a child for another. A surrogate mother may or may not be genetically connected to the child depending on the type used. Surrogacy is often supported with an agreement for ease of enforcement but in Nigeria, it remains unregulated. The article sought to explore the legal and ethical implications of the unregulated surrogacy arrangements in Nigeria. Employing a doctrinal methodology which connotes reviewing primary and secondary sources, this work finds that the absence of a legal framework has the effect of exploiting women, commercialising children, increasing issue of paternity and baby factories. The study suggested that the Nigerian legislature should enact a statute that comprehensively addresses all legal and ethical concerns on surrogacy in order to meet up technological advancement in relation to artificial insemination. The law should also address the issue of commercialising children by addressing the legal status of commercial surrogacy. The article also recommended that the Surrogacy Bill of 2024 be taken into utmost consideration as it could be a start for the country to meet up globalisation. Law makers should also ensure sensitization of all parties involved.

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Pages:100-106
How to cite this article:
Timibeleudi Tonyekiri, Ifeoluwayimika Bamidele, Abisola Akinleye "An examination of the legal and ethical implications of unregulated surrogacy arrangements in Nigeria". International Journal of Law, Vol 11, Issue 4, 2025, Pages 100-106
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