Surrogacy in Nigeria: Progress in Regulation, But At What Cost to Women?
Nigeria is on the cusp of a significant legal shift in the area of surrogacy. A newly introduced bill—“An Act to Protect the Health and Well-being of Women”—proposes the country’s first formal framework to regulate surrogacy arrangements. Until now, surrogacy in Nigeria has operated in a legal grey area, relying on informal contracts and unregulated private arrangements. While the introduction of this bill is a positive step toward transparency and protection, it also raises important ethical and practical questions, especially around compensation for surrogates.
A Step Toward Clarity and Oversight
The proposed legislation, currently under consideration by Nigeria’s House of Representatives, is intended to bring structure and accountability to a field that has been growing in practice but lacks legal infrastructure. Key provisions in the bill include:
Establishing a Nigerian Surrogacy Regulatory Commission to oversee the practice and enforce compliance
Banning commercial surrogacy while allowing altruistic surrogacy with reimbursement for reasonable expenses (such as medical care, travel, and lost income)
Requiring informed consent, psychological screening, and medical care for surrogates throughout the process
Introducing penalties for unethical or exploitative practices
These measures reflect a growing recognition that surrogate mothers deserve legal protections and that the rights of intended parents, clinics, and children must be clearly defined.
The Problem With Banning Compensation
Despite these advances, the outright ban on compensation beyond expenses is a troubling limitation. Pregnancy is not a minor undertaking—it comes with significant physical, emotional, and social risks. Denying women the right to be fairly compensated for taking on that responsibility not only undervalues their contribution but also removes their ability to use surrogacy as a legitimate means to support their families.
In practice, bans on compensation rarely eliminate financial negotiation—they simply drive it underground. Under-the-table arrangements become more common, and without a legal framework to protect both parties, women are left vulnerable. Rather than promoting safety and ethics, the prohibition may do the opposite by stripping surrogates of their bargaining power and legal recourse.
Respecting the Role of the Surrogate
Every society must make its own decisions about how to ethically and safely support assisted reproduction. But true ethical surrogacy recognizes that women should not be expected to give of their time, health, and bodily autonomy without acknowledgment of the value they are providing. Compassion and regulation are not mutually exclusive—legal frameworks can and should allow for compensation while still protecting against exploitation.
Moving Forward
It is encouraging to see Nigeria take meaningful steps toward regulating surrogacy. The creation of a national regulatory commission, the introduction of ethical screening measures, and the recognition of the surrogate’s rights are all important advances. But as this bill moves through Parliament, it is worth asking: Are we protecting women, or restricting them?
Regulation should elevate the dignity, safety, and autonomy of all involved. That includes recognizing the value of a surrogate’s time, sacrifice, and choice.
