Nigeria - Coalition for the Abolition of Surrogate Motherhood

[Update: 04/2026]

This study on surrogacy in Nigeria was carried out in collaboration with Naija Feminists Media.

What the law says

The Nigerian constitution does not specifically address surrogacy. However, the country has legal frameworks, such as the National Health Act of 2014, that prohibit the donation of human organs, cells, or tissue for monetary gain. It also has the Child Rights Act of 2003 and the TIPPEA Act, Section 12, that criminalises the sale of children and other legislation, such as Section 13 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, and Order 23 of the Code of Medical Ethics in Nigeria that safeguards human rights from abuse [1]. Nigeria’s megacity, Lagos, also has a 2019 guideline on assisted reproductive techniques, but there is no explicit legislation addressing surrogacy practices [2].

A 2012 Bill for Establishing a Nigerian Assisted Reproduction Authority (2012) and a 2016 Bill on Assisted Reproductive Technology (Regulatory) Bill have been proposed, in an attempt to address the gap, but the policies were not passed due to lawmakers’ lack of majority support. Currently, a 2024 Bill titled the National Surrogacy Regulatory Commission Bill and another Bill called [3] “A Bill for an Act to Protect the Health and Well-being of Women, Particularly in Relation to Surrogacy and for Related Matters [4], are underway. However, these pieces of legislation are focused on outlawing “commercial” surrogacy while regulating “altruistic” surrogacy.

The bill fails to consider how surrogacy can be unethical regardless of compensation, the ambiguity of who legally owns the child, whether it is the woman who births the baby, and, if so, whether she has the right to keep it after birth. It does not consider the loophole that allows the surrogate to claim it is being done for “altruistic” purposes, while antenatal and other child care costs are inflated to serve as a form of compensation.

It further does not address the cultural context where a woman could feel pressured to carry a baby for another in order to save her from societal stigma. Additionally, it does not address the inevitable medical implications on the surrogate’s health, regardless of whether their intention was “altruistic” or driven by “commercial” benefit [5].

With the law silent on the issues regarding surrogacy, and potential bills leaning towards regulation rather than abolition, Nigeria is fast becoming a surrogacy hub, designed as a form of profit venture. There has been a surge of surrogate networks with agencies commissioning influencers to promote the practise [6], leading to more vulnerable women and children becoming collateral damage in a system designed for financial gain.

Surrogacy – The absolute exploitation of women

The Nigerian media has highlighted how surrogacy is exploiting young women. A DUBAWA investigation reveals a disturbing reality, where vulnerable women become surrogates without informed consent, only to feel trapped and helpless. Many of the surrogates carry the baby to term but are left with debilitating medical illness, depression, and regret [6]. Meanwhile, the maternal mortality rate in Nigeria is 100 times higher than in the European Union, with women dying every seven minutes during childbirth in the country [7]. But several complex factors play in trapping Nigerian women in the exploitative web of surrogacy, despite the high mortality rate.

Economic Factor– Nigerian surrogate mothers are the poorest in the country

Ranked the 12th-poorest country in the world, with an estimated GDP per capita of $807, Nigeria suffers from unemployment and persistent inflation, with many living on less than $0.27 a day [8]. Worse, the most affected of these hardships are women, with the demographic accounting for 70% of the poorest citizens, even though they represent half of the population [9].

Nigerian women’s labour force participation stands at 56%, with many not gainfully employed. Among those who hold jobs, 82% work in the informal sector, such as hairdressing, market selling, domestic work, and other forms of petty trade [10], limiting their potential to significantly scale their incomes. Consequently, while in need of money, these women are forced to engage in practices like surrogacy because of the sizable income it promises. In Nigeria, surrogate mothers are paid between $1,000 to $1,500. In a DUBAWA investigation, one woman reluctantly decided to become a surrogate after her husband incurred a debt worth $34,751.89. Several women have also revealed that their motivation is primarily financial [11].

Ambiguity in practice due to a lack of concern on surrogate women

The Nigerian legal system allows surrogacy contracts to be enforced, but there are no provisions to protect the women involved. [12]. There is no party duly responsible for the duty of care towards the surrogate, and subsequently, no one to hold accountable if anything goes wrong. The industry operates in such a way that anyone can become a surrogate agent in Nigeria, with no licensing or registration requirements. Thus, surrogate agents can misinform vulnerable women, and or downplay the severity of the practice as long as they get to lure the woman into becoming a surrogate and earn their commission. Additionally, most medical professionals do not recruit surrogates; agencies do. Thus, medical professionals perform fertility procedures for any surrogate referred to them, regardless of whether the surrogate has given informed consent, as long as the medical fee has been paid.

Several medical professionals are also not up to date with their knowledge about the practice and often propagate the misinformation that there is no particular health implication in a woman carrying a baby for others. Meanwhile, research shows that women are likely more at risk of preeclampsia, hypertension and other diseases when they carry babies that are not of their genetic material [13]. The knowledge gap contributes to surrogates not being duly informed, even if they are to seek professional advice.

Within the spectrum are also the legal professionals who draw up surrogacy contracts. Lawyers often do so at their clients’ behest, who are the agency or the commissioning parent. With Nigeria allowing individuals to enter into contractual arrangements, legal professionals capitalise on this to draw up surrogate contracts. However, the contracts heavily favour the commissioning parents, who are the ones who pay for the legal fees, further leaving the surrogate in a dire situation. DUBAWA investigation reveals what a typical surrogate contract looks like in Nigeria, and the many human rights violations it entails. The contract includes clauses that state the woman has no power to decide upon their own health even if she is in danger due to the pregnancy, only the doctor and the commissioning parent can. It also contains clauses about their understanding that they would die, without any explicit measures or compensation for what would happen in the case of demise.

It further highlights that women can not change their minds or engage in abortion. Additionally, if anything were to happen to the pregnancy and the baby has any form of disability due to the surrogate’s actions, they will be held liable. Also, the surrogates are asked to keep the engagement secret even from the media [14]. The contract essentially highlights how surrogacy in Nigeria is a form of human rights violation and the necessity of its abolishment. Vulnerable women are made to sign off on their lives. Even though the practice is claimed to be “altruistic”, it is rooted in power dynamics and unfair to the surrogate, who is financially disadvantaged in the situation. It also violates their right to decide over their own lives and bodies, and contradicts the principle of consent, which must be freely given and also revocable [15].

Nigeria’s patriarchal culture complicates issues

Nigeria’s laws often reflect its patriarchal nature. Abortion is a crime in the country, and women can only engage in abortion in the case that their life is threatened. Otherwise, if a woman aborts a baby, she can be imprisoned for up to seven years [16].

This complicates issues for surrogates such that they cannot fight for the right to abort the baby if they realise they have gotten themselves into a dire situation. Often, they had to accept the clause in a contract.

Additionally, Nigeria’s patriarchal culture places emphasis on traditional norms and gender roles for women. This includes women being pressured to marry at a certain age within their mid-twenties and maximum late-twenties, and have children accordingly, else they suffer stigma [17]. A single and childless woman by age 30 is deemed to have failed. This leads to women wanting to have children at all costs, including embracing surrogacy regardless of ethical concerns.

It also provides some sort of secondary reasons for vulnerable women to become surrogates. This leads to resistance to the abolishment of surrogacy, with the focus that a woman would be saved from shame and stigma for being childless. Consequently, many Nigerians are quick to drown out the voices of surrogates and women’s rights advocates when they complain about how exploitative the practice is. Ironically, women who become surrogates are often stigmatised, leading to a complex situation where surrogates are forced into hiding and are unwilling to speak about their experience, while battling with severe mental and physical health challenges.

International dimensions

With surrogacy widely practised internationally [18], Nigerians view it as a viable, ethical, and advanced option. The perspective often stems from the fact that if Westerners with advanced democracy accept and engage in it, there is no reason third-world countries like Nigeria should not accept it.

Desperate childless European couples also travel to Nigeria to engage the services of Nigerian women as surrogates. Nigerian news media have documented how foreign citizens patronise vulnerable women in the country as surrogate mothers [19]. This dynamic is partly due to Nigeria’s weak currency [20], which allows foreign clients to pay agencies more for surrogacy arrangements, typically costing between $18,000 and $22,000 [21]. Consequently, surrogate agents are becoming ambitious, hoping to turn Nigeria into a surrogacy-tourist country, where foreigners from all over the world would come and take advantage of poor, vulnerable women in the country [22]. This situation necessitates an urgent intervention to abolish surrogacy in Nigeria, with laws outlawing all forms of practise, and media literacy programmes addressing misinformation about the practice [23] and highlighting the human rights violations it entails [24].

Conclusion

Nigeria’s surrogacy bill fails to address the country’s alarming realities. By regulating only “commercial” surrogacy while legalising so-called “altruistic” surrogacy, it merely perpetuates a system that exploits the most vulnerable women and violates women’s rights to dignity.
Instead of legitimising surrogacy in any way, the Nigerian authorities should focus their efforts on protecting women and children, and implementing social and economic policies that reduce the insecurity and vulnerability that fuel this market. Media literacy programmes should also be implemented to highlight the dangers of the practice, and surrogates should be supported and reconciled with their children. The total abolition of surrogacy is a necessity to prevent exploitation and guarantee the fundamental rights of women and children.

References

[1] https://businessday.ng/opinion/article/why-the-surrogacy-bills-are-illegal-and-unconstitutional/

https://tribuneonlineng.com/surrogacy-law-and-development-in-nigeria/
[2] https://www.mondaq.com/nigeria/family-law/1217952/legal-framework-for-surrogacy-in-nigeria