Surrogacy, pathway to modern development in Nigeria — Experts

…. as Lawyers, Doctors push for awareness, regulation in Nigeria

Surrogacy has been described as a pathway to modern development in Nigeria, as it serves as a beacon of hope for those struggling with infertility or seeking alternative family-building options.

ALSO READ: Nigeria Surrogacy Regulatory Commission Bill (2024): Exploring family law, legislative gaps in surrogacy

Surrogacy, a reproductive arrangement where a woman carries and gives birth to a baby for another individual or couple.

This process involves what is called Assisted Reproductive Technologies (ART), such as in Vitro Fertilisation (IVF) and may incorporate donor eggs, sperm, or embryos.

This was the discuss at the Hanniel’s Noble legal practitioners maiden annual lecture with theme ‘Surrogacy as a pathway to modern development in Nigeria’ in Ibadan, the Oyo State capital on Thursday 3rd April, 2025.

The lecture focused on issues and laws associated with surrogacy practice in Nigeria, with the lead speaker, Prof Omolade O. Olomola, Lecturer, University of Ibadan, speaking on ‘Expounding the Nigerian legal system: Jurispundential and ethical issues in surrogacy practice in Nigeria’.

Olomola pointed out that because some women cannot conceive naturally, does not mean that they are unable to become mothers.

According to her, women who cannot carry a child to term or have underlying medical issues have an option of surrogacy to have children, saying “surrogacy has many benefits as it gives intending parents an opportunity to have biological children.”

She said, “It is not like those in the developed countries are better than us, all they have are checks and balances to curb some issues associated with surrogacy.”

She further spoke on the legal framework of surrogacy practice in Nigeria, saying there’s an urgent need to tackle some lingering issues as a result of complex family set-up.

“Surrogacy is not legally acknowledged in Nigerian law but at the same time, it’s not expressly prohibited. So it follows that practicing surrogacy in Nigeria, means you have not contradicted any law.

“Issues have, however, come up on parental rights in the lives of the children. Section 33 of the 1999 constitution talks about right to life and we know that when we talk about right to life, we talk about survival and development.

“And the African charter in the Constitution has helped to bring in right to life, so the government cannot shy away from it.

“Section 34 talks about dignity and section 37 is about privacy and family life. This rights is about our autonomy, which is, you can determine what you do with your body. So if somebody wants to be a surrogate, then so be it.

“About six months ago, the surrogacy bill of 2024 passed through the second stage of reading at the house of reps and this bill is seeking to establish Nigerian Surrogacy Regulatory Commission (NSRC) to monitor and supervise surrogacy practice in Nigeria.

“The sponsor of this bill, Ayodeji Alao-Akala said it is to ensure that medical and health laws are not violated, adding that it would help people to overcome infertility.

“He highlighted that a black market has emerged within the system that takes advantage of the needs of expectant parents.

“He stated that surrogate mothers in Nigeria require legal protection and prevent exploitation.However, the bill seems to prohibit commercial surrogacy, which in my opinion, is not possible,” she stated.

Further, she raised the issues of poor healthcare, cultural and religious beliefs and also a lack of awareness on surrogacy practice.

On his part, the organiser of the lecture and Lead Partner of Hanniel’s Noble Legal Practitioners, Othniel Idowu Falana, Esq, a surrogacy law enthusiast said the idea of the lecture is part of an ongoing awareness campaign.

He said, “The idea behind today’s lecture is that there is a new development in our society and it seems like we’re not paying real attention to it, maybe because most people are not really affected, and that is the issue of infertility and an alternative to it which is surrogacy.

“I came across the issue of surrogacy in 2021 when a woman who contracted surrogacy needed to take her children back to Germany and the children were denied visa. I contested in court that it is an issue of denial of identity, because the children were denied visa because they were seen to not been given birth to in the proper way.

“I believe whether a child is given birth to through surrogacy or other means doesn’t mean that it’s not a child and he or she shouldn’t be discriminated. The children’s right should be covered under the child rights law of the Constitution of Nigeria.

“Infertility is not a person’s fault and shouldn’t be discriminated against, so if there is another way for the person to give birth and fulfill their life dream, why not encourage it.

“So I’m motivated to do this because we need to call on government, parastatals and institutions that are involved, because it has come to stay in Nigeria, regardless of reservations or misinterpretations about it.

“Surrogacy has come and it has come to stay and the only way out is for it to be regulated to conform with sociological, religious and socio-cultural ideologies, and also to prevent fraud and exploitation.

“So there’s a need for a strong and robust regulation for it and that is what this campaign is all about.”

Furthermore, he spoke on cost of surrogacy as a major barriers to the practice in Nigeria, saying “Surrogacy is very expensive in Nigeria and some persons have come to say that it is only for the elites and not for people that are struggling.

“I’m not saying that the service should not be paid for or commercialised, because if we fail to have it commercialised, we might have a situation whereby people refuse to be surrogates to those in need of this assistance.

“But I am saying that, there’s a need to regulate it so that it doesn’t become a daylight robbery. It doesn’t become an avenue to take advantage of people’s inability and desperation.

“For instance, if we have several surrogacy centres, there would be competition and this would in effect bring down the price of some of these things.”

He, therefore, called for a government and private sector partnership to regulate and enforce the laws on surrogacy.

Earlier, the chairman of the Nigeria Bar Association (NBA), Ibadan chapter, Mr Ibrahim Lawal commended the organizers of the lecture, describing it as a worthy cause.

He expressed readiness to support and advocate for laws on surrogacy practice in the state.

Also, Presiding Judge NICN, Ibadan Judicial Division, Hon. Justice J. D. Peters lauded the efforts of Hanniels Noble legal practitioners and Othniel Idowu Falana, Esq and suggested that a proposed Bill should be sent to the House of Assembly, Oyo State for consideration and enactment.

Representing the Commisioner for Health, Oyo State, Dr. Oluwaserimi Ajetumobi; the Permanent Secretary of Oyo State Ministry of Health, Dr. Tunde Aremu, commended the lecture put together by Hanniel’s Noble Legal Practitioners. He noted that Oyo State is currently setting the pace on regulating surrogacy in Nigeria, referencing the Bill sponsored by Hon. Olamijuwonlo Alao – Akala, a native of Oyo State and also, the day’s public lecture which also held in the capital city of Ibadan. He encouraged the team lead, Othniel Falana, Esq., to ensure a communique is issued with regards to the lecture and copies sent to the Governor; Oyo State Ministry of Health; Oyo State House of Assembly and other relevant agencies.

Other speakers include; Dr Abiola Abiade, Lecturer Lead City University who spoke on the role of the Judiciary in ensuring stability in Surrogacy Practice in Nigeria; Dr Adeolu Ajala, Obstetrics and Gynaecology specialist, who spoke on the implications, hazards and ethical considerations in Surrogacy Practices in Nigeria and; Hon Seyi Adisa, former House of Assembly Member, Oyo State, represented by Mrs. Yewande Olayinka, Esq., who discussed the economic benefits of Surrogacy Practice and how the government can generate huge revenue through taxation, levies and licensing of fertility centers.

Other dignitaries present includes: Alhaja Fausat Joke Sanni, Commissioner of Women’s Affairs Oyo state, represented by Mrs Ibironke Igeih, Chief Social Welfare Officer; Dr. Adeniji Olanrenwaju (Chief Medical Officer, Adeoyo Maternity Teaching Hospital); Mrs Adeyemo Adeyinka (Apex Nurse Jericho Nursing Home Ibadan) and Mrs Olapeju Kolawole, Esq. Former Treasurer, NBA Ibadan branch.

The lecture also featured essay competition on Surrogacy in which first three winners were given cash prizes.

Miss Adesola-Tella Adesope emerged second runner up; Miss Oluwabusayomi Dele-Ogundijo came as first runner up and Mr Latona Adedeji got the first position.

 

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