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Summary
The House of Representatives has introduced a bill to ban commercial surrogacy in Nigeria, allowing only non-profit surrogacy under strict guidelines. The proposed law includes penalties of up to two years in prison or a ₦2 million fine for anyone who violates its provisions.
The House of Representatives has introduced a bill seeking to ban commercial surrogacy in Nigeria and establish a legal framework that strictly regulates the practice for altruistic purposes only.
The bill, titled “A Bill for an Act to Protect the Health and Well-being of Women, Particularly in Relation to Surrogacy and for Related Matters,” is sponsored by Hon. Uchenna Okonkwo, who represents the Idemili North/Idemili South Federal Constituency of Anambra State.
Surrogacy, a process in which a woman carries and delivers a child for another individual or couple, has increasingly become a lucrative industry in Nigeria. Often marketed as reproductive freedom, surrogacy has led to the commodification of children and the exploitation of economically disadvantaged women.
According to Rep. Uchenna Okonkwo, the proposed legislation aims to protect the rights and welfare of women involved in surrogacy by outlawing financial gain from such arrangements and ensuring practices remain ethical, safe, and transparent.
The bill proposes a complete ban on commercial surrogacy, making it illegal to pay women to carry pregnancies beyond reimbursing medical and pregnancy-related expenses. It also legalises and endorses only altruistic surrogacy, where no profit is involved and participation is voluntary.
Additionally, the bill stipulates that surrogate mothers must be at least 21 years old, ensuring they possess the emotional and psychological maturity required for the process. It mandates compulsory counselling sessions for both surrogate mothers and intended parents, aimed at preparing all parties for the emotional and ethical implications of surrogacy.
The legislation also explicitly protects against coercion or forced surrogacy arrangements, emphasising that no woman should be pressured or manipulated into becoming a surrogate.
Under the proposed law, individuals, agencies, or healthcare providers who violate these provisions could face up to two years in prison, a fine of up to ₦2 million, or both.
The bill is expected to be debated in the coming days. If passed, this would be the first time Nigeria enacts specific legislation addressing the controversial surrogacy industry.
