A legal practitioner, Mr. Isaac Olufunsho, has called on the Federal Government to establish a comprehensive legal framework to regulate surrogacy in Nigeria, saying the absence of clear legislation has created uncertainties over parentage rights, contract enforcement, and child welfare.
Olufunsho, a specialist in family and reproductive law, made the call in an interview with the News Agency of Nigeria (NAN) on Friday in Abuja.
He noted that while adoption is governed by statutory laws, surrogacy in Nigeria currently operates largely through private agreements due to the lack of specific federal legislation.
According to him, advances in assisted reproductive technologies have increased the number of couples turning to surrogacy to overcome infertility and other reproductive challenges, making legal reforms increasingly urgent.
“The absence of comprehensive legislation creates uncertainties regarding the rights of intended parents, surrogate mothers, and children born through surrogacy arrangements.
“Clear regulations will help address issues relating to legal parentage, financial responsibilities, dispute resolution, and ethical standards for fertility clinics,” he said.
Olufunsho explained that adoption remains the more structured pathway to parenthood under Nigerian law, with procedures guided by the Child Rights Act, state adoption laws, and judicial oversight.
He said prospective adoptive parents are required to undergo background checks, home assessments, and court approval processes designed to ensure that adoption serves the best interests of the child.
The lawyer, however, warned against illegal adoption schemes, child trafficking, unregistered baby factories, and fraudulent surrogacy arrangements, describing them as serious threats to children’s rights and public confidence in alternative family-building processes.
According to him, any future legislation on surrogacy should prioritize the protection of children, clearly define legal parentage, safeguard the rights of surrogate mothers, and ensure transparency in assisted reproductive arrangements.
“Strengthening Nigeria’s legal framework for alternative pathways to parenthood will promote public confidence while safeguarding the interests of all parties involved,” he said.
Olufunsho also advised individuals considering surrogacy or adoption to seek professional legal guidance and ensure strict compliance with applicable laws and procedures.
He stressed that the welfare and best interests of the child must remain the overriding consideration in every decision relating to parenthood.
SOURCE: NAN
