Journal of Biomedical Advancement Scientific Research

Abstract

Surrogacy is gradually gaining acceptance as a reproductive option for men and women who experience in fertility, yet in Nigeria, surrogacy has been and remains a legal and ethical dispute. Childbearing is strongly linked with identity, marriage, and cultural acceptance in most societies, and infrequently, infertility therefore attracts stigma, forcing men and women into unsafe and uncontrolled practices. Despite that surrogacy presents a beacon of hope, surrogacy in Nigeria takes place within a legal void, exposing the surrogate mothers, the intended parents, and the resultant children too.

The article examines the prospects for surrogacy in Nigeria, and examines its cultural, moral, and legal dimensions closely. Specifically, it attempts to: assess how acceptable surrogacy is to Nigerian people and the factors that affect people's attitudes towards surrogacy; analyze moral criticisms, and particularly commodification and exploitation; comment upon present gaps in the law; and devise policy frameworks that balance cultural sensitivity and protections for all.

The Research methodology used is doctrinal in nature, comparing statutes, case law, constitutional law, and international conventions. The research study also reviews work on infertility and reproductive ethics and compares South African and Indian regulatory experience. The South African altruistic model explains how regulated oversight can protect parties, while India's transition from commercial to altruistic-only regulation explains the risks of systems that are permissive.

Studies indicated that Nigerian surrogacy finds itself at a crossroads: on the rise in practice yet stalled by resistance at a cultural level and by legal vagueness. The study finds that a strong legal framework is needed to craft parental rights, safeguard. The framework should include prohibition of commercial surrogacy, ensuring informed consent, mandating medical and psychological support, and harmonising statutory, customary, and religious perspectives.