At family gatherings, the questions always came quietly at first.
When will we celebrate you?
Is everything okay?
For years, a Lagos-based couple had tried to answer with half-smiles, medical appointments, and patience.
When pregnancy seemed impossible, adoption was suggested. Prayer was suggested. Silence was suggested.
What wasn’t spoken about openly, until much later, was surrogacy. The idea that another woman could carry their child felt foreign and controversial. Yet it was an option quietly discussed in clinics, WhatsApp groups, and late-night conversations.
In Yoruba culture, the saying ‘Bi o ti wòrán l’ayé èdá, là á sọ’ (Life is seen through the number of children one has) adds a layer of social pressure, emphasising the expectation to have children.
Stories like this are becoming more common in Nigeria, even if they are rarely told out loud. As medical technology expands and conversations around infertility slowly shift, surrogacy has emerged as a path some Nigerians are choosing, often without clear legal guidance or public understanding.
This article examines how surrogacy works in Nigeria today, medically, legally, and ethically, and why the current silence around it serves no one, least of all the women and children at its centre.
Key Takeaways
- Surrogacy operates in legal limbo in Nigeria: No federal law permits or prohibits it, leaving surrogates, intended parents, and children without legal protection.
- Gestational surrogacy is most common: The surrogate carries an embryo created via IVF and has no genetic connection to the child.
- It’s expensive and concentrated in major cities: Costs range from ₦2 million to over ₦5 million, accessible mainly in Lagos, Abuja, and Port Harcourt.
- Surrogates face serious risks: Without regulation, women report inadequate care, reduced pay, and no legal recourse when agreements fail.
- Cultural and religious stigma runs deep: Surrogacy challenges beliefs about motherhood and family, especially in Islamic and some Christian communities.
- Baby factories fuel public confusion: Illegal child-selling operations make people conflate legitimate surrogacy with trafficking.
- Regulation is likely but not yet law: The Surrogacy Bill 2024 aims for oversight and protection, not prohibition.
- Real lives hang in the balance: Behind the debates are couples seeking families, vulnerable women, and children whose rights remain uncertain.
What Is Surrogacy?
The term “surrogate” is derived from the Latin word subrogare or surrogare, meaning “to appoint in place of another” or, more simply, to substitute.
In the context of reproduction, surrogacy refers to an arrangement in which a woman carries and gives birth to a child on behalf of another person or couple, i.e., the intended parents who assume parental responsibility after birth.
In medical terms, surrogacy is often discussed in two main forms, depending on the genetic relationship between the surrogate and the child.
The first is traditional surrogacy, where the surrogate uses her own egg, making her genetically related to the child. Pregnancy in this case is typically achieved through intrauterine insemination (IUI), using sperm from the intended father or a donor.
The second, and far more common today, is gestational surrogacy. Here, the surrogate carries an embryo created through in vitro fertilisation (IVF), using the egg and sperm of the intended parents or donors. The embryo is implanted into the surrogate’s uterus, meaning she has no genetic relationship to the child she carries. For many intended parents, this clear separation between pregnancy and genetics is one of the reasons gestational surrogacy is preferred.
Beyond these medical distinctions, surrogacy is also described by the nature of the arrangement itself.
Commercial surrogacy involves compensating the surrogate beyond reimbursement for medical and related expenses, while altruistic surrogacy involves no financial compensation beyond necessary costs. This is often the case when the surrogate is a friend or family member.
In recent years, differences in national laws have also given rise to international surrogacy, where intended parents seek surrogacy services across borders, an arrangement that has sparked ethical debates and concerns about the exploitation of women in less regulated settings.
“Surrogacy occupies a grey area in Nigeria. There is no national law that expressly permits or prohibits it, leaving the practice legally uncertain.”
Why People Turn To Surrogacy
People turn to surrogacy for a range of medical, social, and personal reasons. Medically, it may be the only option for individuals with an absent or abnormal womb, whether due to congenital conditions (such as an underdeveloped womb) or surgical removal following cancer or other complications.
Other reasons include repeated pregnancy loss or health issues that make carrying a pregnancy dangerous or life-threatening.
Social and personal circumstances also play a role. Same-sex male couples require both an egg donor and a surrogate to have a biological child. Some single individuals pursue surrogacy as a path to parenthood, while others, though physically capable of pregnancy, choose surrogacy due to past trauma, fear of medical complications, or age-related infertility.
For many, surrogacy represents a way to build a family while maintaining a genetic connection that adoption may not provide.
How Surrogacy Works
In practice, surrogacy in Nigeria follows a fairly structured path that combines medical care, personal agreements, and ongoing support throughout pregnancy.
While arrangements differ depending on clinics, families, and circumstances, most surrogacy journeys tend to move through a few common stages.
1. Finding And Screening A Surrogate
Once the decision to pursue surrogacy is made, the next step is identifying a suitable surrogate. This may happen through fertility clinics, agencies, or personal referrals.
In reputable settings, this stage usually involves basic medical screening to confirm that the woman can safely carry a pregnancy, alongside a psychological assessment to ensure emotional readiness and informed consent.
Lifestyle and general health checks are also common, aimed at protecting both the surrogate and the intended parents from avoidable risks.
2. Preparing For IVF And Embryo Transfer
Most surrogacy arrangements in Nigeria use gestational surrogacy through IVF. Eggs are retrieved from the intended mother or a donor, fertilised with sperm, and monitored as embryos develop. After selection, one or more embryos are transferred to the surrogate’s prepared uterus. Pregnancy testing typically follows within a few weeks. While medically complex, this stage is largely handled by fertility clinics once consent and arrangements are in place.
3. Agreements And Shared Expectations
Alongside medical preparation, surrogacy arrangements usually involve written agreements that set out expectations. These often clarify roles during pregnancy, how medical decisions will be handled, financial responsibilities related to care, and plans for delivery and post-birth arrangements. Such agreements help provide structure and reduce misunderstandings.
4. Pregnancy And Ongoing Care
Once pregnancy is confirmed, the surrogate receives routine prenatal care, much like any other pregnant woman. This stage involves regular medical check-ups, ongoing communication between the surrogate, healthcare providers, and intended parents, and, in some cases, continued emotional or psychosocial support.
5. Delivery And Post-Birth Arrangements
The final stage involves delivery and the transition of the child to the intended parents, guided by prior agreements and local practice. Attention then shifts to post-delivery care for the surrogate and the intended parents assuming full responsibility for the child.
Is Surrogacy Legal in Nigeria?
Surrogacy occupies a grey area in Nigeria. There is no national law that expressly permits or prohibits the practice, leaving it legally uncertain.
Because there is no specific surrogacy legislation, questions often arise about whether surrogacy agreements can be enforced in court.
According to legal analysis by Adeola Oyinlade & Co, some legal commentators argue that surrogacy contracts are valid under general contract law, provided they meet the basic requirements of offer, acceptance, consideration, and mutual consent.
Others caution that surrogacy arrangements may conflict with existing laws, including provisions of the Child Rights Act that prohibit the buying or selling of children, and sections of the Trafficking in Persons (Prohibition) Enforcement and Administration Act that criminalise human trafficking.
The consequences of this legal vacuum become real when arrangements collapse. Consider what happens when a surrogate changes her mind after delivery, or when intended parents refuse to accept the child due to health complications or changed circumstances.
Despite this legal ambiguity, assisted reproductive practices are not entirely unregulated. The Code of Medical Ethics in Nigeria, issued by the Medical and Dental Council of Nigeria, recognises assisted conception techniques such as IVF, gamete donation, gestational surrogacy, and full surrogacy when carried out by registered medical practitioners.
These guidelines emphasise informed consent, medical screening, counselling, and the careful handling of genetic material, although they do not carry the force of statutory law.
Nigeria has made attempts to introduce clearer regulations. Bills such as the Assisted Reproductive Technology (Regulation) Bill and proposed amendments to the National Health Act have been presented before the National Assembly but remain unenacted, leaving intended parents, surrogates, and clinics without firm legal protection.
An exception exists at the sub-national level: Lagos State issued Assisted Reproductive Technology Guidelines in 2019, offering limited regulatory direction that has not yet been adopted elsewhere.
In practice, the absence of clear legislation leaves all parties vulnerable. Until comprehensive laws are enacted, surrogacy arrangements in Nigeria rely heavily on carefully drafted contracts, medical ethics guidelines, and post-birth legal steps, such as obtaining custody orders to secure parental rights.
“A full surrogacy cycle—including IVF, surrogate screening, and legal documentation can range from about ₦2 million to over ₦5 million. IVF alone typically costs between ₦1,000,000 and ₦4,500,000 per cycle, depending on the clinic, the procedures included, and whether medications are included in the package.”
Surrogacy In Practice In Nigeria
Across Nigeria, surrogacy is practised mainly through private fertility clinics and specialised providers, despite the absence of a clear federal law regulating the process.
In place of statutory oversight, clinics rely on professional standards, medical screening, counselling, and formal agreements to guide intended parents and surrogate mothers.
Most providers inform clients upfront that surrogacy contracts are not currently enforceable under Nigerian law and strongly recommend independent legal advice before proceeding.
Surrogacy services are concentrated in major urban centres where advanced reproductive technologies are available, particularly Lagos, Abuja, and Port Harcourt.
While smaller cities may offer basic IVF services, consistent access to surrogacy support is far more limited outside these areas.
Well-established providers such as The Bridge Clinic and Nordica Fertility Centre operate multiple branches across Lagos, Abuja, and Asaba, offering IVF, donor services, and surrogacy support.
Other clinics, including Care Women’s Clinic in Port Harcourt, DIFF Hospital in Abuja, Fertigold Fertility Clinic in Lagos, and Clearview Fertility in Lekki, also provide assisted reproductive services, including surrogacy.
Emerging centres in other regions, such as Pink Petals Fertility Clinic in Enugu and ReGenesis Fertility Specialist Hospital in the southeast, suggest that access is gradually expanding beyond traditional centres.
Costs vary widely by clinic, location, and treatment protocol.
A full surrogacy cycle—including IVF, surrogate screening, and legal documentation can range from about ₦2 million to over ₦5 million.
IVF alone typically costs between ₦1,000,000 and ₦4,500,000 per cycle, depending on the clinic, the procedures included, and whether medications are included in the package. Additional surrogacy-specific expenses, such as surrogate assessment, repeated cycles, and ongoing monitoring, can add several hundred thousand naira or more.
Because there is no national pricing standard, clinics usually advise clients to request a detailed cost breakdown before proceeding.
These financial demands, combined with the concentration of services in major cities, mean that access to surrogacy remains uneven and largely out of reach for many Nigerians.
”As some scholars have warned, the persistence of baby factories threatens to blur the line between regulated assisted reproduction and outright child trafficking.”
Ethical, Cultural & Religious Concerns of Surrogacy
In Nigeria, surrogacy exists in a space of discomfort. It is practised quietly and often misunderstood.
Conversations around infertility are already loaded with shame and silence, and surrogacy, which challenges long-held ideas about pregnancy, motherhood, and family, pushes against even more cultural boundaries.
Within this silence, ethical concerns emerge not just from how surrogacy is practised, but from who bears the risks when things go wrong, particularly women whose economic vulnerability shapes their choices.
In July 2025, the Centre for Health Ethics, Law and Development (CHELD) hosted a national webinar titled “The Future of Surrogacy in Nigeria – Arising Issues from the Surrogacy Bill 2024.”
The forum brought together legislators, government officials, healthcare professionals, legal experts, intended parents, and surrogates to examine how surrogacy is currently practised and what Nigeria’s proposed laws may fail to address.
Many of the ethical concerns discussed in this section echo issues raised during that conversation.
Ethically, one of the most pressing concerns is the absence of regulation. Without statutory oversight, agreements are largely informal and unenforceable.
This absence of legal governance has raised fears about exploitation, particularly of women from economically vulnerable backgrounds, and about disputes over parentage if arrangements break down.
According to PM News, young women across Nigeria now advertise as surrogates online, while agencies use digital platforms to match them with intended parents.
This digital visibility has intensified concerns about consent, counselling, and the protection of women’s health and rights, especially in an unregulated system.
These risks are not theoretical. A surrogate who spoke anonymously at the same forum described receiving minimal post-operative care after a caesarean section, despite prior assurances of medical support.
These ethical anxieties are often amplified by Nigeria’s long-standing problem with so-called “baby factories.”
Investigations and reports by the BBC have shown how illegal baby-selling operations exploit young women, sometimes with consent, often through coercion, to supply babies to desperate couples.
Although baby factories are not the same as legitimate surrogacy arrangements, the public frequently conflates the two.
This confusion has deepened stigma and made it harder for ethical surrogacy practices to gain social acceptance.
As some scholars have warned, the persistence of baby factories threatens to blur the line between regulated assisted reproduction and outright child trafficking.
At the heart of these concerns is the question of exploitation versus choice. For some women, surrogacy offers financial relief: school fees paid, debts cleared, families supported. Yet when poverty drives the decision, critics ask whether consent can ever be fully free.
The imbalance of power between intended parents and surrogates raises difficult questions about bodily autonomy: who controls medical decisions during pregnancy, who bears the risks if complications arise, and whose interests ultimately come first when a contract meets reality.
In one account shared at the CHELD webinar, a surrogate described agreed compensation being reduced after delivery, with deductions introduced without explanation.
Cultural and religious beliefs further complicate the issue. In many Nigerian communities, motherhood is inseparable from pregnancy itself. A woman is expected to carry her own child; anything else can be seen as unnatural or deceptive.
For men, infertility, and by extension the need for surrogacy, is often interpreted as a failure of masculinity, adding another layer of silence and shame.
Within Christianity, opinions vary widely. Some churches quietly support assisted reproduction for married couples facing infertility, while others reject surrogacy as interference with God’s will.
In Islam, the boundaries are clearer: lineage must remain within marriage, excluding donor eggs, donor sperm, and third-party gestation.
Even when the surrogate has no genetic link to the child, carrying a pregnancy outside marriage is widely viewed as unacceptable under Islamic family law.
Beyond belief systems, there are also concerns about children born through surrogacy. Questions of identity, parentage, and legal recognition remain unresolved in Nigerian law.
Without statutory clarity, disputes over custody or parental rights can arise, potentially placing children at the centre of conflicts they had no part in creating.
Ultimately, the ethical debate around surrogacy in Nigeria is not simply about whether the practice should exist. It is about how it exists, without clear safeguards.
Until regulation catches up with reality, surrogacy will continue to sit at the intersection of hope and risk, shaped as much by culture and religion as by medicine and law.
Future Of Surrogacy In Nigeria
Surrogacy is already happening in Nigeria. What remains uncertain is how long it will continue to operate in a legal grey zone.
Conversations among policymakers, fertility practitioners, lawyers, and civil society groups increasingly point to one conclusion: regulation is no longer optional.
The question now is what kind of regulation Nigeria adopts, and how carefully it is designed.
The July 2025 multi-stakeholder webinar hosted by the Centre for Health Ethics, Law and Development offers a useful window into what the future may look like.
One of the strongest areas of consensus was the need for a comprehensive national legal framework governing surrogacy; one that clearly defines the rights and responsibilities of surrogate mothers, intended parents, clinics, intermediaries, and children born through surrogacy.
Experts at the forum stressed that regulation must serve a dual purpose: protect vulnerable women from exploitation, coercion, and trafficking, while also supporting legitimate family-building efforts without forcing the practice underground.
While lessons can be drawn from countries like the UK, South Africa, India, Australia, and Rwanda, any Nigerian framework must align with local socio-economic realities, cultural norms, healthcare capacity, and enforcement structures. Poorly adapted laws, several experts warned, often fail in practice.
The proposed regulation would establish baseline protections for surrogates: comprehensive health insurance covering pregnancy and at least six months postpartum; mandatory psychosocial support and counselling throughout the process; independent legal representation funded by intended parents; and explicit recognition of a surrogate’s bodily autonomy in medical decision-making.
These safeguards were framed not as aspirational goals but as minimum requirements to prevent abuse.
Effective regulation also requires effective enforcement. The proposed Surrogacy Bill 2024 introduces a Nigerian Surrogacy Regulatory Commission tasked with licensing clinics, accrediting agencies and monitoring compliance.
Experts pointed to Lagos State’s existing health facility oversight model as a useful reference point, though they noted that surrogacy-specific guidelines are still absent there.
While much of the conversation focuses on surrogate protection, intended parents also face vulnerability in the current system.
Future regulation is expected to address transparent and enforceable contracts, clear legal pathways for parentage recognition, access to accurate information and counselling, and protection from misinformation and exploitative intermediaries.
The goal is to reduce the emotional and legal trauma that currently accompanies many arrangements. The future of surrogacy in Nigeria is unlikely to be shaped by a single law or institution. It will depend on how thoughtfully regulation balances protection, access, enforcement, and cultural realities. What is clear, however, is that the current legal silence is becoming harder to justify.
As experts continue to push for structured oversight, the direction points toward regulation, not prohibition, anchored in ethics, accountability, and the lived realities of Nigerians navigating surrogacy today.
