Regulating Surrogacy in Nigeria: Issues, Challenges and the Role of Culture

Abstract Surrogacy, the engagement of third parties to perform biological roles, presents complex regulatory dilemmas. It raises questions about the ethics of commercializing human reproduction, especially when viewed through natural and cultural lenses. This article discusses the relevance of geopolitics in regulating artificial reproductive technology (ART) in Nigeria. It espouses the traditional health norm development approach to reproductive governance and dwells on surrogacy as a gendered concept, as it affects different categories of people in different ways in Nigeria. It examines Nigeria’s dominant cultural and religious ideologies against the extant legal framework, including family laws and judicial authorities. The article identifies the loopholes and relevance of geopolitics in the development of ART norms in Nigeria. There have been attempts to regulate ART to exclude recognizing surrogacy. The article concludes that the uncoordinated regulation is due to the geographical and socio-political norm development experience in the country. It recommends a cautious re-evaluation of the regulation of surrogacy through adopting Eager’s norm development approach. This position aims to redress the challenges confronting women in reproduction, in line with international norm development.