Why Lawmakers Want to Criminalise Commercial Surrogacy in Nigeria

The House of Representatives in Nigeria has initiated steps to outlaw commercial surrogacy across the country, citing concerns over the exploitation of women and the commodification of children.

The proposed legislation, titled “A Bill for an Act to Protect the Health and Well-being of Women, Particularly in Relation to Surrogacy and for Related Matters”, was introduced by Uchenna Okonkwo, representing Idemili North/Idemili South Federal Constituency of Anambra State. The bill seeks to regulate surrogacy strictly for altruistic purposes and proposes punitive measures for those who violate its provisions.

At the heart of the bill is the intention to ensure that surrogacy is conducted in a safe, ethical, and non-commercial manner. It advocates for a framework that prioritises the health, dignity, and rights of women—especially surrogate mothers—through informed consent, access to medical care, and the prevention of coercion or manipulation.

Okonkwo emphasised that while surrogacy can be a life-changing solution for individuals or couples unable to conceive, the practice has operated in Nigeria without formal regulation, often exposing vulnerable women to abuse and exploitation.

If passed, the bill would prohibit any form of commercial surrogacy and prescribe a maximum sentence of two years in prison or a fine of up to N2 million—or both—for offenders. Instead, it supports altruistic surrogacy, where a woman agrees to carry a child for intended parents without financial compensation, aside from reasonable pregnancy-related expenses.

The legislation also covers medical professionals and surrogacy agencies involved in the practice. It mandates counselling for both surrogate mothers and intending parents, sets a minimum age of 21 for surrogates, and requires comprehensive informed consent before medical procedures.

Importantly, the bill stipulates that no woman should be forced or manipulated into surrogacy arrangements. Healthcare providers, including doctors and nurses, as well as agencies facilitating surrogacy—whether altruistic or commercial—will be held accountable under the law.

Nigeria’s lack of legal clarity on surrogacy has made it fertile ground for unregulated practices, raising ethical and human rights concerns. With this legislative push, the House aims to protect women’s autonomy, uphold the sanctity of childbirth, and prevent a black market in baby-making.

Debate on the bill is expected to continue next week, with growing public and political attention focused on how best to balance reproductive innovation with human dignity and legal safeguards.