22/12/2024
LEGAL TIPS ON SURROGACY IN NIGERIA: (photo Credit: UNIVERSAL SRUSHTI FERTILITY (PART 1)
Surrogacy is a medical process, where a woman termed "the surrogate mother" assists another woman to carry the pregnancy and gives birth to a child for the commissioning mother or spouse, This is usually done for women who are unable to carry a pregnancy due to some medical reasons.
Types of Surrogacy:
There are basically 2(two) types of surrogacy: Gestational or traditional surrogacy. In traditional surrogacy, the surrogate mother is also the biological mother. All that is done, is her insemination with the s***m of the intended father or donor. On the other hand, Gestational surrogacy entails a process where the embryo is fertilized through in vitro fertilization (IVF), using the egg and s***m of the intended parents. All the surrogate mother does is to carry the pregnancy, as she has no biological connection with the child.
Legal Procedure of Surrogacy in Nigeria:
Apart from Lagos State which has an ART regulation, there is no law regulating the practice of surrogacy in Nigeria. It is however not a crime, as an act is not a crime in Nigeria, except where it is so stated in the criminal law.
However, some acts in the process of surrogacy may slide to the realm of crime, where not properly done with guidance from lawyers versed in this area. For example, a Contract of Surrogacy where monies are paid in exchange for the child, would be offensive to Section 30 of the Child Rights Act, which prohibits the buying and sale of a child.
In PART 2, We shall discuss steps to obtaining surrogacy legally in Nigeria and process for taking the child legally outside Nigeria.
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