Experts push for surrogacy awareness, regulation in Nigeria

Experts call for increased awareness and regulation of surrogacy in Nigeria, highlighting its role in addressing infertility and the need for legal protections.
Experts have called for increased awareness and regulation of surrogacy in Nigeria, highlighting its role in addressing infertility and the need for legal protections.

Legal and medical experts have called on Nigerians to embrace surrogacy as a viable solution to infertility and other reproductive health challenges. Speaking at the maiden annual lecture organised by Hanniel’s Noble Legal Practitioners in Ibadan, legal practitioner and surrogacy law advocate, Othniel Idowu Falana, emphasised the need for greater awareness and regulation of surrogacy practices in Nigeria.

The lecture, themed “Surrogacy as a Pathway to Modern Development in Nigeria,” aimed to highlight the role of surrogacy in assisting couples facing fertility issues. Falana described surrogacy as an evolving reality that requires urgent attention from policymakers and stakeholders.

“The idea behind this lecture is to shed light on surrogacy as an alternative to infertility, a subject that is often overlooked because many people are not directly affected by it,” he said.

Recounting a legal case he handled in 2021, Falana noted the discrimination faced by children born through surrogacy. “A woman who used a surrogate was denied visas for her children to travel to Germany because they were not considered to have been born ‘properly.’ This is an issue of identity denial,” he said. “Every child, regardless of how they are conceived, has rights protected under Nigerian law.”

Falana urged the government to establish clear regulations to prevent exploitation and ensure that surrogacy aligns with social, cultural, and religious values. “Surrogacy is here to stay in Nigeria. The best way forward is to regulate it effectively,” he added.

In her keynote address, Prof Omolade Olomola of the University of Ibadan described surrogacy as a life-changing opportunity for women who cannot conceive naturally. She explained that surrogacy differs from adoption because it allows intended parents to have biological children through assisted reproductive technologies (ART), such as in-vitro fertilisation (IVF).

“Some women, due to medical or other reasons, are unable to carry pregnancies to term, but that does not mean they cannot become mothers. Surrogacy provides them with an opportunity to have biological children,” Olomola said.

The chairman of the Nigerian Bar Association (NBA), Ibadan chapter, Ibrahim Lawal, commended the initiative, expressing support for legal frameworks to guide surrogacy practices. Similarly, the Presiding Judge of the National Industrial Court (Ibadan Division), Hon. Justice J. D. Peters, praised the efforts of Hanniel’s Noble Legal Practitioners and Falana in advancing discussions on surrogacy laws.

Commissioner for Health, Oyo State, Dr. Oluwaserimi Ajetumobi, who was represented by the Permanent Secretary, Dr. Tunde Aremu, noted that Oyo State is currently setting the pace on regulating surrogacy in Nigeria, referencing the bill sponsored by Hon. Olamijuwonlo Alao-Akala.

He encouraged the organisers to ensure a communiqué of the event is sent to the governor, the state ministry of health, House of Assembly and other relevant agencies.

Other dignitaries at the event included representatives from the State Ministry of Health, Commissioner for Women’s Affairs, legal experts, and medical professionals.

The event also featured an awards ceremony, with Mr Latona Adedeji emerging as the overall winner, while Miss Oluwabusayomi and Miss Adesola-Tella Adesope were named first and second runners-up, respectively.

As surrogacy continues to gain prominence in Nigeria, experts stress the need for legal backing to protect all parties involved and ensure ethical practices.

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