Consultant gynecologists and legal experts have confirmed that surrogacy is not prohibited under Nigerian law, as there are no specific provisions against it in the national legislation or Child Rights Act.

This contradicts human rights lawyer Sonnie Ekwowusi’s opinion that surrogacy involves “womb renting” and infringes upon women’s dignity, referencing Section 30 of the Child Rights Act, 2003.

In response to Ekwowusi’s claims, experts have argued that there is no direct prohibition of surrogacy in Nigerian law.

The Child Rights Act of 2003 protects the rights of children in Nigeria, with Section 30 addressing the prohibition of exploitative activities such as buying, selling, or hiring children for purposes like hawking, begging, or prostitution.

Surrogacy, defined by the Centres for Disease Control and Prevention, encompasses various fertility treatments involving the manipulation of eggs or embryos.

According to the CDC, assisted reproductive technology procedures involve extracting eggs from a woman’s ovaries, fertilizing them with sperm in a laboratory, and then implanting them in either the same woman’s body or another woman’s body.

Prior to Ekwowusi’s remarks on surrogacy, there had been widespread criticism and calls to end the practice.

In January, Pope Francis called for a global ban on surrogacy in his New Year’s message, denouncing it as “deplorable” and a “serious violation of the dignity of women and children”.

Additionally, in June 2022, the Pope referred to surrogacy as “inhumane”.

On the other hand, the gynecologists expressed that surrogacy, along with other assisted reproductive technologies, provides hope for couples struggling with infertility.

They maintained that the practice is ethical and condemned the involvement of unqualified doctors and unethical practices by some medical professionals.

While the World Health Organization reported a fertility rate of about 5.4 births per woman in Nigeria in 2018, indicating a high fertility rate, recent studies show an increase in infertility rates.

According to the World Health Organization in 2023, approximately 17.5% of the adult population globally, which is one in six individuals, experience infertility.

The CDC also cautioned that infertility rates are rising worldwide, defining infertility as the inability to conceive after one year of unprotected sexual intercourse.

In addition, the Nigeria Demographic and Health Survey conducted in 2018 revealed that around 25% of married women in Nigeria face primary infertility, while 16% experience secondary infertility.

Wakadaily learnt that, the emergence of numerous fertility clinics in major cities that make unrealistic claims of achieving pregnancy quickly.

This raised concerns among the Society of Gynaecology and Obstetrics of Nigeria and the Association for Fertility and Reproductive Health, prompting them to advocate for national regulation and revisions to proposed bills on Assisted Reproductive Technology (ART).

A study conducted by Olusegun Oluwaseyi and Olatawura Oladimeji, titled “Surrogacy Agreements and the Rights of Children in Nigeria and South Africa,” pointed out the lack of a comprehensive legal framework regulating surrogacy agreements in Nigeria.

This absence of regulations may lead to potential violations of children’s rights born through surrogacy. The study recommended the passing of legislation to regulate surrogacy and safeguard the welfare of children.

Professor Jacob Dada, a Human Rights Law expert at the University of Calabar, disputed claims that surrogacy violates children’s rights. He emphasized that surrogacy encompasses various forms, including traditional surrogacy, which remains common in Nigeria.

He said, “Section 301 CRA prohibits commercial surrogacy but not otherwise and it’s not correct to say surrogacy constitutes a violation of the right of the child.

“I am not aware of any national law which criminalises surrogacy simplicita other than commercial surrogacy.”

The Second Vice President of SOGON, Prof Chris Aimakhu, on his part said, “never heard of that” when asked whether surrogacy is against National law as stated by Ekwonusi.

Furthermore, another expert in gynecology, Professor Aniekan Abasiattai, echoed Aimakhu’s statement by saying, “No, not to my knowledge.”