FRAMEWORK ON SURROGACY PRACTICE IN PARTIAL AID TO CHALLENGES OF INFERTILITY IN NIGERIA

Abstract

Surrogacy is the situation whereby a person known as surrogate mother agrees to carry pregnancy for another woman who is generally believed to be infertile. The term surrogacy is the practice where a woman carries pregnancy and gives birth to a child for another woman or couple. While Surrogacy has been legalized in many countries as a panacea to infertility, the use of surrogacy in Nigeria remains unregulated. This paper examined the historical development of surrogacy. It further examined the existing legal frameworks that supported the practice of surrogacy and compared the practice of surrogacy in other jurisdiction with Nigeria where the practice is largely unregulated. The paper adopted doctrinal approach. It thus recommended establish legal frameworks that chart a course for practice of surrogacy where rights of the surrogate mothers is protected. It further advocated for establishment of an agency saddled with the responsibility of monitoring compliance with the provisions of the legal framework. Although the mere existence of laws regulating surrogacy does not guarantee widespread compliance, these laws can serve as a reference point for the protection of women’s rights.