The House of Representatives has begun legislative action to prohibit commercial surrogacy in Nigeria and establish a framework to regulate the practice solely for non-commercial, altruistic purposes.
This follows the introduction of “A Bill for an Act to Protect the Health and Well-being of Women, Particularly in Relation to Surrogacy and for Related Matters”.
The bill, sponsored by Uchenna Okonkwo, who represents Idemili North/Idemili South Federal Constituency of Anambra State, was presented earlier this week on the floor of the House.
The proposed legislation, which is expected to return for debate next week, seeks to ensure that surrogacy in Nigeria is safe, ethical, and regulated. It specifically focuses on protecting the rights and health of women involved in surrogacy arrangements.
The bill proposes a maximum penalty of two years’ imprisonment, a fine of N2m, or both for anyone found guilty of violating its provisions.
According to Okonkwo, the general aim of the bill is to provide a regulatory framework that protects the physical, emotional, and psychological well-being of women, particularly those involved in surrogacy arrangements.
The legislation is also intended to outlaw commercial surrogacy in Nigeria, thereby preventing the exploitation of women and the commodification of children.
Instead, the bill promotes altruistic surrogacy, in which women volunteer to carry pregnancies for other individuals or couples without receiving payment beyond compensation for medical and pregnancy-related expenses.
Okonkwo explained that the bill seeks to protect the rights of surrogate mothers, especially their right to informed consent, access to medical care, and reimbursement for reasonable expenses.
The bill applies to all women engaged in surrogacy, including surrogate mothers, intended mothers, and egg donors.
It also covers all healthcare providers involved in the process, such as doctors, nurses, and other medical professionals.
Furthermore, it extends to all surrogacy agencies operating in Nigeria, whether they facilitate altruistic or commercial arrangements.
In Part II of the bill, it is stated that a woman must give informed consent before undergoing any medical treatment, including those associated with surrogacy.
It further stipulates that no woman shall be forced or coerced into a surrogacy arrangement.
Part III of the bill explicitly prohibits commercial surrogacy and endorses altruistic surrogacy. It lays out conditions for valid altruistic arrangements, such as requiring the surrogate mother to be at least 21 years old, to have given informed consent, and to have undergone counselling. The intended parents are also required to undergo counselling.
Part IV focuses on the protection of surrogate mothers, guaranteeing their right to medical care during and after pregnancy. It also provides for reasonable compensation to cover pregnancy-related and childbirth expenses.
Under Part V, which deals with offences and penalties, the bill states that anyone who coerces a woman into surrogacy, engages in commercial surrogacy, or fails to comply with the provisions for altruistic surrogacy commits an offence and, upon conviction, is liable to a fine not exceeding N2 million, a prison term not exceeding two years, or both.
The legislation marks Nigeria’s first formal effort to regulate surrogacy, a practice that has so far operated in a legal grey area. It comes amid growing concerns over unethical practices, the exploitation of vulnerable women, and the commodification of children through unregulated surrogacy arrangements
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