LEGAL PROTECTION OF THE RIGHTS OF SURROGATE MOTHERS IN SURROGACY ARRANGEMENTS

Abstract

Surrogacy has emerged as an increasingly utilized reproductive arrangement in Nigeria, driven by rising infertility rates, advancements in assisted reproductive technologies, and evolving societal attitudes toward non-traditional pathways to parenthood. Despite its growing acceptance and practice, Nigeria lacks a comprehensive legal framework governing surrogacy, leaving surrogate mothers vulnerable to exploitation, contractual disputes, and violations of their fundamental rights. This article examines, among others, the legal protection of the rights of surrogate mothers within surrogacy arrangements in Nigeria. Drawing on comparative perspectives from jurisdictions with established surrogacy regulations, the article highlights the need for a balanced legal framework that safeguards the interests of surrogate mothers while accommodating the legitimate expectations of intended parents. It concludes that the absence of specific legislation creates uncertainty and increases the risk of abuse, thereby undermining the dignity and welfare of surrogate mothers. The article therefore recommends the enactment of comprehensive surrogacy legislation, legal representation, and access to legal and medical information for surrogate mothers, among others.