Surrogacy took a new shift when Nancy Umeh, a renowned Nigerian chef and public health scientist , welcomed a third child through surrogacy. “Too stunned to speak right now. I can’t believe we are parents again. Our last son is eight years old and we have tried for seven whole years. An angel carried our child for us. An angel sent from God through Meet Surrogate Mothers. I can’t believe we are holding our child” on her instagram handle. In the United States, surrogacy can cost upwards of $100,000. It has become a silent banter among ladies trying to decipher surrogacy as a new business venture. Surrogacy is a reproductive practice where a woman carries and gives birth to a child for another person or couple.
Surrogacy is not explicitly prohibited in Nigeria, but it is not legally recognized and regulated. This leaves the intended parents and surrogate mother in legal limbo and can lead to disputes, exploitation and emotional chaos. The term real mother, surrogate mother has taken on a deep meaning recently. Surrogacy is frequently attempted by individuals or couples who are unable to conceive or carry a child due to infertility, pregnancy-related health problems, and other causes which can result from same-sex marriages. It is a practice involving sophisticated medical procedures, emotional difficulties, and legal consequences that necessitates a thorough understanding and adherence to applicable laws and rules.
In Nigeria presently, where there is no stipulated law, it can become a chaotic mess. Couples who have difficulty conceiving find themselves opting for surrogacy as a form of creating a family. “Many individuals and families around the world use surrogacy to start a family. From 1999 to 2013, only 31,000 Americans had a baby through surrogacy” Nafeesah Allen.
Surrogacy is of two types: Traditional and Gestational. A gestational carrier has no biological relation to the child; they carry the fetus through pregnancy and give birth to the baby for the intended parent(s). The gestational carrier is compensated by the intended parent(s) and does not have any parental rights to the child. A traditional surrogate contributes to their egg and, therefore, is considered one of the child’s biological parents. Hence the dilemma of surrogate mother versus real mother, where is the lie?
“The average cost of surrogacy in the U.S. is about $100,000, a total that includes the cost of fertility treatments, embryo creation, surrogate compensation, as well as legal and delivery fees. Fortunately, an increasing number of employers are including fertility benefits in their health plans, reducing the amount patients pay out-of-pocket for treatments like fertility tests and egg collection. In most cases, surrogates are paid as they reach certain milestones during the pregnancy. So if they miscarry at any point, they get paid up to that point” Investopedia. Is this a risk worth taking, is this a business venture for young ladies and at what cost would you be willing to take on such a courageous act of birthing a child for a third party?
Nigerian laws which state in section 30 of the Child Rights Act prohibit buying, selling or dealing with children. Section 13 of the Trafficking In Persons [Prohibition] Enforcement And Administration Act (TIPPEA Act) criminalizes all types of human trafficking and section 50 of the National Health Act prohibits manipulation of any genetic material. How then can surrogacy laws be implemented especially when some ladies are considering the option to help sort out the financial crisis and a time when discoveries can help parents procreate?
“A surrogate agreement, also known as a surrogacy contract, is a legal document that states all parties’ rights, obligations, and expectations in a surrogacy relationship. Some key elements that may be contained in the Surrogate Agreement include the accuracy of information by parties to the agreement, evaluations, examinations, screening, medical reports and instructions, the release of information by the gestational carrier or surrogate mother, sexual activity of the gestational carrier or surrogate mother, medical instructions, diet and prenatal vitamins of the gestational carrier or surrogate mother, restrictions regarding the use of substances; harmful exposure by gestational carrier or surrogate mother, strenuous activity, travel, residence by gestational carrier or surrogate mother, payment and reimbursement, gestational carrier’s medical expenses, possession of child after delivery and breast milk, termination of pregnancy, parent-child relationship confidentiality, change of circumstances, termination of agreement, breach of agreement and remedies, governing law on surrogacy” Ademola Oyindale and Co.
In a time where medical advancements and societal needs are evolving, surrogacy stands as both a beacon of hope and a legal conundrum. While it allows families to experience parenthood, the absence of clear legal frameworks in Nigeria creates significant risks for all parties involved. Addressing surrogacy demands a balance of compassion, regulation, and ethical clarity to ensure that this courageous act of giving life respects the dignity, rights, and well-being of everyone it touches. It is time for Nigeria to establish comprehensive laws to guide surrogacy practices responsibly.
