As advances in reproductive technology continue to offer new hope to couples struggling with infertility, concerns are mounting over the absence of a legal framework governing surrogacy in Nigeria.
A legal practitioner and specialist in family and reproductive law, Mr Isaac Olufunsho, has called on the Federal Government to establish comprehensive legislation to regulate surrogacy arrangements, protect children, and clarify the rights and responsibilities of all parties involved.
Speaking in an interview with the News Agency of Nigeria (NAN) in Abuja on Friday, Olufunsho said that although adoption is backed by statutory provisions and judicial oversight, surrogacy remains largely unregulated and dependent on private agreements.
The lawyer noted that growing interest in assisted reproductive technologies among couples facing infertility and other reproductive challenges has made the need for regulatory reforms increasingly urgent.
“The absence of comprehensive legislation creates uncertainties regarding the rights of intended parents, surrogate mothers and children born through surrogacy arrangements.
“Clear regulations will help address issues relating to legal parentage, financial responsibilities, dispute resolution and ethical standards for fertility clinics,” he said.
According to him, the lack of specific federal legislation has created legal grey areas that could lead to disputes over parentage, contractual obligations and the welfare of children born through surrogacy arrangements.
Olufunsho contrasted the situation with adoption, which he described as a more structured pathway to parenthood under Nigerian law. He explained that adoption procedures are guided by the Child Rights Act, state adoption laws and court supervision to ensure the best interests of the child are protected.
He added that prospective adoptive parents are required to undergo background checks, home assessments and court approval processes before an adoption can be finalised.
The legal expert also expressed concern over the rise of illegal adoption schemes, child trafficking, unregistered baby factories and fraudulent surrogacy arrangements.
He warned that such practices not only undermine children’s rights but also expose those involved to serious legal consequences.
Looking ahead, Olufunsho said any future legislation on surrogacy should place child welfare at its core while also addressing legal parentage, the protection of surrogate mothers and transparency in assisted reproductive procedures.
“Strengthening Nigeria’s legal framework for alternative pathways to parenthood will promote public confidence while safeguarding the interests of all parties involved, ” he said.
He further advised individuals considering either adoption or surrogacy to seek professional legal guidance and ensure full compliance with applicable laws and procedures.
For Olufunsho, the ultimate priority should remain the welfare of children.
He said that the welfare and best interests of the child must remain the overriding consideration in all decisions relating to parenthood and family formation.
