Surrogacy, a multifaceted and delicate subject, has garnered substantial attention in recent times. In Nigeria, it is a legally recognized practice that offers hope to couples grappling with infertility or medical conditions hindering pregnancy. This comprehensive article delves into the realm of surrogacy in Nigeria, encompassing its legal status, procedural aspects, and other crucial information.
Legality of Surrogacy in Nigeria
Surrogacy in Nigeria abides by legal regulations. The nation’s legal framework safeguards the rights of all parties involved, including intended parents, surrogate mothers, and children born through surrogacy arrangements. Recognizing the significance of surrogacy as a means of building families, the Nigerian government has implemented laws to govern its practice.
Legal Framework for Surrogacy in Nigeria
Nigeria has made some progress in regulating surrogacy through the presentation of the Assistive Reproductive Technology (Regulation) Bill in 2016. However, it is unfortunate that the bill is yet to be passed into law. Presently, only Lagos State has established guidelines for Assisted Reproductive Technology in 2019, while the remaining 35 states and the Federal Capital Territory are yet to enact legislation regulating assisted fertility methods.
Nevertheless, it is important to note that surrogacy is not considered a criminal act in Nigeria, as it is not defined as an offense in written law, and no penalties are prescribed for its practice. However, challenges persist in legally determining the parentage of the child and establishing the contractual rights and responsibilities of the parties involved in the surrogate agreement.
Navigating Surrogacy in Nigeria
Understanding the Process:
Before embarking on the surrogacy journey, it is vital to thoroughly comprehend the process. Conduct meticulous research to acquire comprehensive knowledge of surrogacy laws, requirements, and available options in Nigeria.
Consulting with Experts:
Seek guidance from professionals specialized in surrogacy, including fertility clinics, reproductive lawyers, and surrogacy agencies. These knowledgeable experts can provide invaluable insights, legal counsel, and assistance throughout the surrogacy process.
Choosing a Surrogacy Agency:
Selecting a reputable surrogacy agency is a crucial step toward ensuring a seamless and successful surrogacy journey. Conduct thorough research on different agencies, peruse reviews, and consider their experience, success rates, and support services.
Finding a Suitable Surrogate Mother:
The surrogacy agency will aid in the process of finding a compatible surrogate mother. Several factors, such as medical history, psychological evaluation, and compatibility, are taken into consideration when matching intended parents with a surrogate.
Entering into a Surrogacy Agreement:
Once a suitable surrogate is identified, the intended parents and surrogate mother will enter into a surrogacy agreement. This agreement outlines the rights, responsibilities, and financial arrangements between the involved parties.
Medical Procedures and Pregnancy:
The surrogacy process involves in vitro fertilization (IVF), wherein the eggs of the intended mother or a donor are fertilized with the sperm of the intended father. Subsequently, the resulting embryo is transferred to the uterus of the surrogate mother, who carries the pregnancy to term.
Legal Formalities:
After the birth of the child, legal formalities are undertaken to establish the intended parents as the legal guardians. This typically involves obtaining a court order or a birth certificate that recognizes the intended parents’ parental rights.
Conclusion
Surrogacy in Nigeria offers hope and the opportunity to build families for couples facing fertility challenges. With a robust legal framework in place, the process of surrogacy is well-regulated, ensuring the rights and protection of all parties involved. By following the proper procedures, consulting with professionals, and understanding the legal requirements, individuals and couples can embark on a surrogacy journey in Nigeria. It is essential to conduct thorough research, seek expert guidance, and choose reputable surrogacy agencies to ensure a smooth and successful surrogacy experience.
FAQs about Surrogacy in Nigeria
1. Is surrogacy legal in Nigeria?
There are no laws governing surrogacy in Nigeria therefore legal advice from a surrogacy lawyer in Nigeria is also essential.
2. Who can pursue surrogacy in Nigeria?
Married couples, single individuals, and same-sex couples can pursue surrogacy in Nigeria, provided they meet the eligibility criteria and adhere to the legal requirements.
3. Are there any age restrictions for intended parents?
There are no specific age restrictions for intended parents in Nigeria. However, fertility clinics and surrogacy agencies may have their own age limitations and guidelines.
4. How are surrogate mothers screened and selected?
Surrogate mothers undergo thorough medical and psychological evaluations to ensure their suitability for surrogacy. The screening process may include assessing their physical health, mental well-being, and understanding of the surrogacy process.
5. What are the financial implications of surrogacy in Nigeria?
The financial arrangements for surrogacy in Nigeria vary depending on the surrogacy agency and the specific agreement between the intended parents and the surrogate mother. It is essential to discuss and clarify all financial aspects before entering into a surrogacy agreement.
6. Are there any post-birth legal formalities?
After the birth of the child, legal formalities are completed to establish the intended parents as the legal parents. This typically involves obtaining a court order or a birth certificate that recognizes the intended parents as the legal guardians of the child.