BETWEEN REPRODUCTIVE AUTONOMY AND LEGAL UNCERTAINTY: THE ENFORCEMENT OF SURROGACY AGREEMENTS IN NIGERIA

Abstract

Surrogacy has emerged as a significant alternative reproductive arrangement for individuals and couples facing infertility challenges. In Nigeria, the growing reliance on surrogacy agreements has outpaced the development of a clear and comprehensive legal framework governing their formation and enforcement. Although surrogacy arrangements are largely private and increasingly commercialized, Nigerian law remains largely silent on the subject, leaving parties vulnerable to legal uncertainty and potential exploitation.

This paper examines the enforceability of surrogacy agreements in Nigeria. It finds that the absence of specific legislation regulating surrogacy has created significant uncertainty regarding the validity and enforceability of such agreements under Nigerian contract, family, and child laws. The study adopts a doctrinal legal research methodology, analyzing Nigerian statutes, judicial decisions, constitutional provisions, and relevant international instruments, while drawing comparative insights from jurisdictions such as the United Kingdom and South Africa.

The paper concludes that the current legal vacuum undermines the protection of the rights and obligations of intended parents, surrogate mothers, and children born through surrogacy. It recommends the enactment of comprehensive legislation on assisted reproductive technology to provide a clear legal framework for the regulation and enforcement of surrogacy agreements in Nigeria.