Legal and regulatory framework of surrogacy and adoption in Nigeria

Abstract

The journey from girlhood to womanhood in Africa starts from betrothal to marriage. This journey is not complete and the place of an African woman is not secured in her matrimonial home unless and until she is able to procreate. Reproduction is therefore an essential aspect of African family system. The inability of an African woman to get pregnant within months of marriage is usually seen as a cause for worry and if this condition persists for a couple of years, the woman is tagged “barren” and treated as a woman with disability, seeing the inability to conceive as a disability. In most cases, the groom’s family mounts pressure on the husband to marry an additional wife in order to have a child. This leads many women to make desperate decisions which may not necessarily be recognized under the law including buying babies, surrogacy and adoption. In view of the foregoing, this article examines the legal and regulatory framework for surrogacy and adoption in Nigeria.