The Legal Framework for Surrogacy in Nigeria: Comparative Analysis with South Africa

Surrogacy is a process that enables couple or individual who cannot conceive naturally as a result of infertility caused by either medical condition or other natural process to have children through surrogate mother. The process is often regulated by a legal agreement that defines the respective rights and obligations of parties. While surrogacy is allowed in many countries, in some countries, the process is either restricted or outlawed. In Nigeria, the Child’s Right Act (CRA) as well as the National Health Act (NHA) are silent about the practice of surrogacy, whereas in South Africa, the Children’s Act provides a legal framework for the practice of surrogacy. Notwithstanding the absence of a defined legal and regulatory framework for the practice of surrogacy in Nigeria, the practice of surrogacy in the country has gained traction over the years. It is on this basis that this paper is anchored with the view to appraise the legal framework for the practice of surrogacy in Nigeria and South Africa in order to propose a legal and regulatory framework for the practice of surrogacy in Nigeria. It is recommended that the legal requirement for surrogacy as codified in Chapter 19 of the CA be replicated in Nigeria as well as the amendment of the CRA to incorporate the practice of surrogacy in the country. The author adopted the comparative and analytical methodology in achieving the objective of the work.