This definition clearly captures the essence of surrogacy arrangements and implicates all parties involved—including surrogate mothers, commissioning parents, doctors, lawyers, and agents—wherever there is:
“the giving or receiving of payments” (i.e., commercial surrogacy), or
“benefits to achieve the consent of a person having control over another person” (i.e., altruistic surrogacy).

Thus, Section 13 of the TIPPEA Act outlaws both commercial and altruistic surrogacy. The Act further defines ‘exploitation’ to include:
“…at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, deprivation of the offspring of any person, forced labour or services or practices similar to slavery, servitude or the removal of organs.”

Under this provision, any surrogacy arrangement that takes advantage of a surrogate mother—whether through coercion, voluntary consent, or deception—constitutes human trafficking and is therefore criminal.

This is one of the reasons why surrogacy practices, including the operation of so-called “baby factories” (where girls and women are forced or deceived into becoming pregnant and giving birth for others in exchange for money), are criminalised.

‘Section 21 of the TIPPEA Act’
Section 21 of the TIPPEA Act also criminalises both commercial and altruistic surrogacy. It provides:
“Any person who buys, sells, hires, lets or otherwise obtains the possession or disposal of any person with intent, knowing it to be likely, or having reasons to know that such a person will be subjected to exploitation, commits an offence and is liable on conviction to imprisonment for a term of not less than five (5) years and a fine of not less than N2,000,000.”

This provision specifically condemns and criminalises all forms of surrogacy, whether commercial or altruistic, and applies to all persons and agents (including medical and legal professionals) involved in such exploitative arrangements.

In sum, all forms of surrogacy that exploit surrogate mothers are criminalised and punishable by: a minimum of five (5) years imprisonment, or a fine of not less than N2,000,000, or both.

Unlike the Child Rights Act and the various State Child Rights Laws, the TIPPEA Act is a federal law that is operational in all parts of Nigeria. All states in Nigeria are bound by the provisions of the TIPPEA Act. The TIPPEA Act condemns surrogacy where a surrogate mother or her baby is exploited, and focuses on protecting victims of reproductive exploitation. The conduct of surrogacy can amount to human trafficking, which is a federal offence.

The Surrogacy Bills violate Sections 17(3)(h), 21, 33, 37, and 38 of the 1999 Constitution. Pursuant to Section 17(3)(h), the Nigerian government is obligated to promote the protection of the family. According to the Nigerian Law Reform Commission, the family is the fundamental unit of society and the custodian of the moral and traditional values of the Nigerian people; thus, it requires adequate safeguarding and development. The destruction of the family institution invariably leads to the destruction of Nigerian society.

Surrogacy undermines the family institution—as has occurred in Europe and America. Under surrogacy regimes, authorities facilitate sperm storage and donation, thereby obliterating the concept of parenthood. It will become difficult to determine who the legal father or mother of a child is, whether born in or out of wedlock. This will inevitably lead to social conflict and legal disputes over paternity, contributing to increased divorce rates and undermining inheritance laws.

Furthermore, marriages will be destabilised, as either partner may choose to procreate without the other. Single motherhood will rise, as women may choose to purchase sperm for fertilisation. Litigation over paternity and child identity will become more common.

However, Section 21(a) of the 1999 Constitution enjoins the State to protect, preserve, and promote Nigerian culture. Practices such as sperm donation, cloning, in-vitro fertilisation (IVF), and surrogacy are not part of our cultural values. Every society has its own values and should grow in accordance with those values. Nigeria has her own values, and we must adhere to and preserve them.

Laws must reflect the values of the people. Every country seeks to protect what it holds dear. It is suicidal to import foreign lifestyles and impose them as law under the guise of complying with international obligations. As Professor John Ademola Yakubu states in his book ‘Who Gives the Law? Determining the Jurisprudential Question’, the only way to avoid chaos in society is for the legislature to make laws that align with the values and aspirations of the people.

More importantly, the National Assembly, by virtue of Section 4(1) and (2) of the Constitution, is empowered to make laws that conform to the social and religious realities of the country.

Surrogacy is incompatible with cherished human values as enshrined in many African and international human rights instruments, including the African Charter on Human and Peoples’ Rights, which has been domesticated in Nigeria. Surrogacy reduces a human being to a commodity and equates them with animals.

‘The Preamble to the African Charter states:’
“Taking into consideration the virtues of their historical tradition and the values of African civilisation which should inspire and characterise their reflection on the concept of human and peoples’ rights; Conscious of their duty to achieve the total liberation of Africa, the peoples of which are still struggling for their dignity and genuine independence, and undertaking to eliminate colonialism and neo-colonialism…”

‘Article 8 of the Charter provides:’
“Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be subjected to measures restricting the exercise of these freedoms.”

‘Article 29 states:’
“The individual shall have the duty to preserve and strengthen the national independence and the territorial integrity of his country and to contribute to its defence in accordance with the law; to preserve and strengthen positive African cultural values in his relations with other members of society, in the spirit of tolerance, dialogue and consultation, and in general, to contribute to the promotion of the moral well-being of society.”

In any case, the distinction between commercial surrogacy and altruistic surrogacy in Nigeria is unclear and impractical. Surrogacy in Nigeria has become a money-spinning business. Altruistic surrogacy is rare, as nearly all surrogacy involves monetary compensation or other benefits.

It is difficult to distinguish between commercial and altruistic surrogacy when 99 per cent of surrogacy arrangements are commercial in nature. The woman whose womb is rented is typically paid large sums of money or receives other benefits. Few, if any, engage in surrogacy for free in Nigeria.

Nigeria is rapidly becoming a surrogacy hub. Surrogacy practices prey on the economic vulnerability of Nigerian women. In many cases, women—sometimes minors—are recruited through deceptive Facebook ads and trafficked to other countries to serve as surrogates. This is not empowerment; it is exploitation. Many Nigerian girls coerced into becoming surrogate mothers are either unaware of the full risks involved or are pressured into agreements they cannot freely reject.

Surrogacy is one of the greatest forms of exploitation of girls and women. It is inhumane to ask a young woman to carry a child for nine exhausting months, only to have the baby taken from her while she walks away forlorn and dejected. This is the ultimate objectification of women, and a grave violation of their rights.

Moreover, surrogacy poses serious health risks to Nigerian girls and women. The physical and psychological consequences of surrogacy—ranging from pregnancy complications to long-term emotional trauma, especially when they are forced to give up the baby they carried—are enormous.
To be continued tomorrow.
Ekwowusi, a Lawyer, wrote from Lagos.