EXCLUSIVE: Infertility: How challenged Nigerians are gradually embracing surrogacy to attain parenthood
As the rate of infertility increases globally, more and more couples are considering using assisted reproductive technology (ART) techniques to help them become parents. Surrogacy is one of these ART techniques.
Surrogacy is a form of third-party reproduction in which a woman consents to carry a pregnancy for intended parent(s) who cannot conceive for medical reasons.
Surrogacy can be categorised into two types: traditional surrogacy and gestational surrogacy. Both are typically founded on the understanding that the child will be handed to the intended parents following delivery. When a woman becomes pregnant through traditional surrogacy, she donates her own egg, which is fertilised by artificial insemination, bears the embryo, and gives birth to a child on behalf of the intended parent. In this case, the surrogate mother contributes genetically to the conception, and is both the biological and gestational mother of the child.
Contrarily, in gestational surrogacy, also known as host surrogacy, a woman (the genetic mother) donates the egg, which is fertilised, and a different woman (the surrogate mother) bears the foetus and gives birth to the child. In this case, the surrogate mother merely serves as the gestational mother and does not contribute genetically to the conception of the child. Both methods of surrogacy are increasingly widespread in Nigeria, though traditional surrogacies are becoming the more popular option due to legal challenges such as the identity of the rightful mother often arising in gestational surrogacy.
Medical experts may recommended surrogacy to a patient if the woman is without a functioning uterus, If the woman has acquired disorders that make her uterus unsuitable for pregnancy, such as extensive fibroids or scarring of the uterine cavity, if the woman has a medical condition that puts her at significant medical risk if she become pregnant or if the woman has a history of recurrent pregnancy loss.
Surrogacy in Nigeria
While surrogacy is not expressly prohibited in Nigeria, it also is not legally acknowledged. As such, if a person engages in surrogate motherhood or enters into a surrogate contract in Nigeria, such a person cannot be said to have committed a crime. The underlying problem, however, is in terms of legally defining the legal parentage of the child as well as the contractual rights and duties of parties to the surrogate agreement.
Presently there is no judicial pronouncement on this form of contract in Nigeria, but if a dispute arises out of a surrogate agreement and such dispute is presented before a Nigerian court, deciding such a case could prove problematic. There is a likelihood of a biased judgment based on cultural sentiments.
The option of surrogacy, however rather expensive, gives some relief for couples who are unable to conceive naturally due to infertility issues in either spouse caused by chronic or terminal illnesses, and health complications. Nigerian couples struggling with infertility are not excluded from this, as many have recently accepted the possibility of surrogacy.
Recent stories of celebreties who became parents via surrogacy
Recently, popular Nollywood actress, Biola Adebayo, and her husband, became parents through surrogacy. She shared this on Instagram along with her difficult journey toward motherhood. The Nollywood actress stated that she finally had her own child through surrogacy ater three failed surrogate attempts in two years, “God has finally blessed my husband and me with a great son through our surrogate mom”.
Biola Bayo revealed that she had experienced a failed IVF, a cancelled surrogate circle, and three failed surrogate attempts within two years. In an effort to uplift other couples who may be struggling to conceive, Biola Bayo promised to share the full details of her surrogacy journey.
Similarly, another Nigerian actress who had a baby through surrogacy but met with lots of backlash on social media in 2021 is Ini Edo. The actress revealed in an interview with Stella Dimoko korkus, that she used a surrogate mother to carry and birth her daughter. She stated that “the eggs are mine and so genetically, she’s my blood. I chose this part to fufill my dream of becoming a mother.” When asked on the identity of the father, Ini Edo answered that she opted for a donor and her baby’s peace of mind.
Ex-Miss Nigeria, Nike Oshinowo also welcomed twins in 2013 after battling with infertility for years. The beauty queen who had battled endometriosis since she was 13 welcomed her children via an American surrogate mother at age 48.
Celebrity couple Kanye West and Kim Kardashian, also hired a surrogate to carry their third and fourth child, Chicago and Psalm. This was because the reality star had suffered from placenta accreta during both of her pregnancies with son Saint and daughter North.
Also, Nigerian-born British royal, Viscountess Emma Weymouth and her husband welcomed their second child, Henry via surrogacy. The Viscountess took the surrogacy option for her second child because of a near-death experience while giving birth to her first son.
Football star, Cristiano Ronaldo is a dad of three. His son was born in June 2010 and he also welcomed a boy and girl twin in the summer of 2017. All his three kids were born surrogates. He has made sure to keep the identities of his surrogates private and has sole custody of all three children.
Bollywood actor Shah Rukh Khan and his wife, Gauri Khan are also proud parents to three children. Their last son, Abram Khan was welcomed in 2013 via surrogacy.
Legal concerns
There is currently no legal framework regulating surrogacy in Nigeria. Unlike many other countries, Nigeria lags behind in surrogacy agreement regulation, which is disappointing considering the increasing number of surrogacy agreements entered into on a daily basis in the country. The closest Nigeria has come to regulation of surrogacy is the presentation of the Assistive Reproductive Technology (Regulation) Bill 2016.12 Regrettably, till date, that Bill has not been passed into law. Only Lagos State has passed guidelines on Assisted Reproductive Technology in 2019, the remaining 35 states in Nigeria and the Federal Capital Territory are yet to enact any legislation to regulate assisted fertility methods.
Despite this, surrogacy has not been criminalized in Nigeria, since it is not defined in any written law as an offence and no punishment is prescribed for it.15 As such, if a person engages in surrogate motherhood or enters into a surrogate contract in Nigeria, such a person cannot be said to have committed a crime.
However, in terms of legally defining the legal parentage of the child as well as the contractual rights and duties of parties to the surrogate agreement, issues can arise.
