Lawyer Warns of Regulatory Gaps in Nigeria's Surrogacy Practice

The federal government has been urged to develop a comprehensive legal framework for surrogacy in Nigeria to address growing concerns over parentage rights, contract enforcement and child welfare.

A lawyer, Isaac Olufunsho, who specialises in family and reproductive law matters, made this call in an interview with the News Agency of Nigeria (NAN) on Friday in Abuja. According to him, while adoption is governed by statutory provisions, surrogacy continues to operate largely through private agreements due to the absence of specific federal legislation.

Isaac Olufunsho said that advancements in assisted reproductive technologies have increased interest in surrogacy among couples facing infertility and other reproductive challenges, making regulatory reforms increasingly necessary. He noted that the absence of comprehensive legislation creates uncertainties regarding the rights of intended parents, surrogate mothers and children born through surrogacy arrangements.

The lawyer said that adoption remained the more structured pathway to parenthood under the Nigerian law, with procedures guided by the Child Rights Act, state adoption laws and judicial oversight. He warned against illegal adoption schemes, child trafficking, unregistered baby factories and fraudulent surrogacy arrangements, noting that such practices undermine children’s rights and could attract serious legal consequences.

Isaac Olufunsho urged individuals considering surrogacy or adoption to seek professional legal guidance and ensure strict compliance with applicable laws and procedures. He said that the welfare and best interests of the child must remain the overriding consideration in all decisions relating to parenthood and family formation.

According to Isaac Olufunsho, any future legislation on surrogacy should prioritise child protection, recognition of parentage, protection of surrogate mothers and transparency in assisted reproductive arrangements. He said that strengthening Nigeria’s legal framework for alternative pathways to parenthood will promote public confidence while safeguarding the interests of all parties involved.

Isaac Olufunsho has been in practice for over a decade, with a focus on family and reproductive law matters. He has represented clients in several high-profile cases involving adoption, surrogacy, and child welfare.

And as Nigeria's population continues to grow, there is a need for a legal framework that caters for the increasing demand for surrogacy and adoption. However, the absence of such a framework has led to a surge in underground surrogacy arrangements, which Isaac Olufunsho described as a ticking time bomb for the nation.

So, what does this mean for the future of surrogacy in Nigeria? With the current regulatory gaps, it is likely that individuals may continue to seek out underground arrangements, which could lead to further complications and risks for all parties involved.

According to statistics, there are over 5,000 registered fertility clinics in Nigeria, with many more operating underground. Isaac Olufunsho warned that the lack of regulation in the industry has led to a rise in cases of surrogacy-related complications and disputes.