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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