The Nigerian constitution does not specifically address surrogacy. While some Nigerian states have laws on assisted reproductive techniques, there are no specific regulations on surrogacy practices.[1]
A 2024 bill proposes to regulate surrogacy, prohibiting commercial forms of the practice and allowing only voluntary surrogacy.[2] However, this bill does not address the particularly serious situation in Nigeria, where the demand for surrogacy is growing,[3] aand the country has a large number of specialised illegal facilities, known as ‘baby factories’, where vulnerable girls and women are used to meet this demand.[4] Babies born in these factories are sold both within the country and abroad.
Ranked as the fourth most dangerous country in the world in which to give birth, Nigeria also illustrates the need to abolish surrogacy. The maternal mortality rate there is 100 times higher than in the European Union.[5]
Baby factories – the absolute exploitation of women
The alarming problem of baby trafficking and illegal adoptions in Nigeria, particularly through the operation of ‘baby factories’, raises serious concerns. These illegal facilities detain pregnant women, force them to give birth and then illegally sell the babies for adoption, slavery or even ritual crimes. The situation is critical, with deceived young girls trapped in these clandestine maternity wards across the country.
An investigation by the Thomson Reuters Foundation reveals a disturbing trend in which young pregnant women are tricked or forced into abandoning their newborns, who are then sold. There are many reasons for this illegal trade, including economic vulnerability, cultural norms and a lack of effective government intervention.[6]
Some women are driven to sell their newborns because of economic hardship, receiving ridiculous sums such as 20,000 naira ($65.79).[7] The existence of ‘baby factories’ raises concerns about the safety and well-being of these pregnant women, who are likely to be physically and emotionally abused.
The role of cultural barriers in perpetuating this problem is also very important. In a society where teenage pregnancy is stigmatised, young girls may feel obliged to give up their children to avoid public shame. This cultural context contributes to the prevalence of the illegal baby trade, as social expectations conflict with the reality experienced by these young mothers.
The involvement of criminal gangs and the lack of effective government intervention exacerbate the problem. Despite the increasing number of raids on baby factories, the illegal trade continues, with babies being sold for substantial sums, sometimes as much as US$5,000. The government’s failure to tackle the problem is attributed to its prioritisation of other pressing issues, leaving the way open for criminal networks to exploit the vulnerable.[8]
The discovery of several illegal maternity units in Nigeria since 2011 and the rescue operations carried out by the authorities highlight the scale of the problem. Surrogacy has created a market conducive to this type of trafficking, exploiting the vulnerabilities of women in situations of poverty and lack of education.[9]
Traffickers operate ‘baby factories’ – often disguised as orphanages, maternity wards or religious centres – where they hold women against their will, rape them and force them to carry and give birth to a child.[10]
In the baby trafficking market, the price varies according to the sex of the child. Boys are more expensive than girls, highlighting the sex discrimination that further exacerbates the ethical implications of this situation.[11]
The issue of the alleged trafficking of newborn babies in Nigeria raises significant ethical and moral concerns. The case of wealthy couples, unable to conceive naturally, allegedly resorting to a child-buying process in Nigeria highlights the practice of simulated births.[12]
International dimensions
The trade has gone international, with desperate childless European couples travelling to Nigeria, where they are promised and sold what they are told are unwanted children.
In 2012, a British judge sounded the alarm about the growing number of British couples caught up in the Nigerian baby selling scam, with fraudsters exploiting their desperation to have children.[13]
Concerns Over the Regulation of Surrogacy Instead of Its Abolition
In October 2024, the House of Representatives passed the second reading of a Nigerian surrogacy bill. The bill proposes the establishment of a Nigerian Surrogacy Regulatory Commission to oversee and regulate surrogacy arrangements in the country. The commission will include experts from fields such as health, law, women’s rights and religious organisations. Its responsibilities will include registering surrogacy arrangements, monitoring compliance with the law, resolving disputes and providing advice to all parties involved.
Under the bill, surrogacy agencies will have to be registered and adhere to strict guidelines, including keeping private records of surrogates and buyers. Commercial surrogacy will be strictly prohibited, with penalties for anyone involved in such activities. Only married couples or medically certified single people who are unable to conceive will be able to enter into surrogacy agreements. Surrogates must be at least 21 years old, and all agreements must be voluntary, in writing, and contain clear provisions on the responsibilities of all parties. Medical and psychological assessments will be mandatory for all parties.
Conclusion
Nigeria’s surrogacy bill fails to address the country’s alarming realities. By regulating only commercial surrogacy while legalising so-called ‘voluntary’ surrogacy, it merely perpetuates a system that exploits the most vulnerable women. In a context where ‘baby factories’ thrive and child trafficking is a scourge, any attempt at regulation can only fuel growing demand and facilitate these illegal practices.
Instead of legitimising surrogacy in any way, the Nigerian authorities should focus their efforts on dismantling criminal networks, protecting women and children, and implementing social and economic policies that reduce the insecurity and vulnerability that fuel this market. The total abolition of surrogacy is a necessity to prevent exploitation and guarantee the fundamental rights of women and children.
[1] https://tribuneonlineng.com/surrogacy-law-and-development-in-nigeria/
[2] https://omaplex.com.ng/analysis-of-the-nigeria-surrogacy-regulatory-commission-bill-2024/
[3] Ezenwa, B. N., Ibrahim, U. O., Moronkola, O. A., Fajolu, I. B., Ndukwu, L., Oleolo-Ayodeji, K. O., Ibe, A. A., & Ezeaka, V. C. (2024). The Growing Trend of Surrogacy in Nigeria: Implications for Quality Newborn Care: A Case Report. PubMed, 65(5), 792-799. https://doi.org/10.60787/nmj-v65i3.515
[4]https://www.francetvinfo.fr/monde/afrique/nigeria/les-usines-a-bebes-du-nigeria-un-drame-humain-en-afrique-de-l-ouest_3065459.html
[5]https://www.lemonde.fr/afrique/article/2018/12/27/ces-meres-porteuses-que-le-nigeria-ne-veut-pas-voir_5402631_3212.html
[6]https://www.reuters.com/article/us-nigeria-humantrafficking-babies/baby-traffickers-thriving-in-nigeria-asrecession-bites-idUSKCN12C039/
[7] Ibid.
[8] Ibid.
[9]https://www.francetvinfo.fr/monde/afrique/nigeria/les-usines-a-bebes-du-nigeria-un-drame-humain-en-afrique-de-l-ouest_3065459.html
[10] Okoli, A. C., & Eze, C. (2021). ‘Baby factories’ versus the objectification of surrogacy cum child adoption in Nigeria. Human Affairs, 31(2), 212-222. https://doi.org/10.1515/humaff-2021-0017
[11]https://www.francetvinfo.fr/monde/afrique/nigeria/les-usines-a-bebes-du-nigeria-un-drame-humain-en-afrique-de-l-ouest_3065459.html
[12]https://www.rfi.fr/fr/mfi/20140711-niger-trafic-presume-bebes-scandale-politique-nigeria-benin-mere-porteuse
[13] https://www.fairplanet.org/story/the-%E2%80%98baby-factories%E2%80%99-of-nigeria/
[14] https://omaplex.com.ng/analysis-of-the-nigeria-surrogacy-regulatory-commission-bill-2024/