Rethinking Commercial Surrogacy in Nigeria, by Arita Oluoma Alih

Nigeria House of Representatives

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Medical science has evolved significantly over the centuries. One of the most remarkable breakthroughs in this journey is the art and science of surrogacy, a practice where a woman carries a child in utero (in the womb) on behalf of another woman or couple, whose egg and sperm are fertilized in a laboratory to form an embryo before being implanted into the surrogate mother.

The choice to become a surrogate mother is bestowed upon a woman who undergoes the implantation process, a complex journey that undoubtedly results in experiencing discomfort, physical and emotional pain.

Regardless of the outcome, these pains persist as the fetus develops during the nine-month gestation period, which comes with its own set of challenges, including hormonal imbalances and resultant body changes.

Becoming a surrogate mother is not a knee-jerk decision. Financial challenges, especially in developing societies like ours, and sympathy – a woman wanting to help another woman who has been struggling to conceive or whose womb has been certified unfit to carry a child by a medical professional – are often underlying motivations.

Intended parents also do not jump into surrogacy headfirst; they may have tried other means before settling for such a tedious process. Others, however, would opt for it due to tokophobia – the fear of childbirth. For this group, it is a case of better safe than sorry.

Other phobias that make couples consider surrogacy include the fear of losing the baby inside the womb, medically known as stillbirth; fear of dying during childbirth; fear of excessive weight gain and other bodily and hormonal changes; fear of mom brain; and baby blues, among others.

With all these factors in mind, it is mind-boggling that a woman should go the extra mile to carry and birth another person’s child, only to be left high and dry without any form of compensation!

On May 26, 2025, the House of Representatives initiated legislative action to prohibit commercial surrogacy in Nigeria and establish a framework to regulate the practice solely for non-commercial, altruistic purposes. This move follows the introduction of “A Bill for an Act to Protect the Health and Well-being of Women, Particularly in Relation to Surrogacy and for Related Matters”.

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The provisions in the Bill that stipulate ‘explicit protection against coercion or forced surrogacy arrangements’ and ‘mandating counseling for both surrogate mothers and intended parents’ are highly commendable. This is particularly important given instances where intended parents reject babies based on gender preferences; counseling would help them understand that they must accept the child wholeheartedly, regardless of gender.

Another twist that underscores the importance of counseling is that, in some cases, surrogate mothers have fought for and claimed ownership of the child, despite prior agreements.

Secondly, the “endorsement of only altruistic surrogacy, where no financial profit is involved except for reimbursing medical and pregnancy-related matters” is a point of contention. Surrogate mothers should be fairly compensated financially for their role, based on mutually agreed-upon terms and conditions between both parties.

While the bill in itself may be altruistic, it should consider monetary compensation for women who render such a difficult and time-consuming service, thereby providing them with the necessary tools to maintain proper mental and physical well-being after childbirth.

Since the bill seeks to protect the rights of women involved in surrogacy and other parties, the legislators should consider several key factors: What happens if a surrogate mother loses her life? What if a stillbirth occurs? What provisions are made for aftercare? What if the pregnancy leaves the surrogate mother with long-lasting health issues, such as hypertension or diabetes? Addressing these questions will provide balance and add depth to the Bill.

The monetary compensation should be seen as a form of consolation for these surrogate mothers when all is said and done. However, Senator Uchenna Okonkwo, who represents the Idemili North/Idemili South Federal Constituency of Anambra State and sponsored the bill, may have his reasons, which I won’t speculate about. Nevertheless, the bill warrants a second look to make it more comprehensive.

Lastly, it is no news that baby farms are hotbeds for illicit activities, including human trafficking. Criminalizing commercial surrogacy might inadvertently fuel these underground enterprises, whereas a more critical look at bill to include compensating surrogate mothers could nip the problem in the bud.

Arita Oluoma Alih is a student of International Institute of Journalism. She writes from Abuja and can be reached on: [email protected]