By Augusta Yaakugh, Esq.
Executive Director, Lex Initiative for Rights Advocacy and Development
Introduction
On 20 February 2024, Hon. Ayodeji Alao-Akala introduced the Surrogacy Bill, 2024 (HB. 1137), aimed at establishing the Nigeria Surrogacy Regulatory Commission. Having passed its second reading, the Bill seeks to regulate surrogacy arrangements in Nigeria, ensuring ethical practices and the protection of all parties involved. While the Bill represents progress in reproductive health policy, it raises significant concerns about inclusivity, socio-economic justice, and the rights of marginalised women.
At Lex Initiative, our work in promoting gender equality and socio-economic empowerment for women compels us to critically examine this Bill. In this article, we explore its potential impacts, identify gaps, and propose reforms to ensure it aligns with human rights principles and addresses the realities of Nigeria’s diverse population.
What the Bill Proposes
The Surrogacy Bill establishes the Nigeria Surrogacy Regulatory Commission to oversee surrogacy arrangements. Its key provisions include:
• Registration and regulation of surrogacy agencies and agreements.
• Prohibition of commercial surrogacy (allowing only altruistic arrangements).
• Eligibility restricted to married couples or medically certified infertile singles.
• Mandatory psychological and medical evaluations for surrogates and intended parents.
• Minimum age requirement of 21 for surrogates.
These provisions are supported by penalties for violations, ensuring compliance through strict monitoring.
What the Bill Gets Right
1. Ethical Regulation:
The Bill establishes guidelines for ethical surrogacy practices, reducing the risk of exploitation.
2. Professional Oversight:
The inclusion of representatives from women’s rights, child welfare, and reproductive health sectors ensures a multidisciplinary approach.
3. Legal Clarity:
By mandating notarised agreements and regulatory oversight, the Bill offers much-needed legal structure to surrogacy arrangements in Nigeria.
Where the Bill Falls Short
1. Restrictive Eligibility Criteria:
By limiting surrogacy to married couples and infertile singles, the Bill excludes many individuals and families in need of alternative reproductive options.
2. Prohibition of Commercial Surrogacy:
The outright ban on commercial surrogacy fails to account for the socio-economic realities of Nigerian women. Many marginalised women could benefit from regulated compensation for their services.
3. Insufficient Protections for Surrogates:
The Bill lacks provisions for financial, psychological, and post-pregnancy support for surrogates, leaving them vulnerable to exploitation and neglect.
4. Exclusion of Rural and Marginalised Voices:
While the Bill includes women’s rights representatives, it does not specifically mandate representation for rural or low-income women, who are often most affected by reproductive policies.
5. Lack of Public Awareness Mechanisms:
The absence of public education initiatives risks leaving many Nigerians unaware of their rights and obligations under the new surrogacy framework.
How This Bill Connects to Our Key Advocacy Areas
At Lex Initiative, this Bill intersects with several of our core legal areas for advocacy:
1. Sexual and Reproductive Health and Rights (SRHR):
• The Bill addresses reproductive autonomy by regulating surrogacy practices and ensuring ethical guidelines.
• It raises critical questions about access to safe and legal surrogacy arrangements, a key aspect of SRHR advocacy.
2. Gender-Based Violence (GBV):
• By seeking to regulate surrogacy, the Bill indirectly aims to protect women from exploitation, coercion, and abuse. However, the absence of robust protective measures leaves surrogates vulnerable to harm.
3. Access to Justice:
• The legal frameworks outlined in the Bill align with our work in promoting access to justice for marginalised women. However, the barriers in navigating the legal processes for surrogacy agreements must be addressed.
4. Social Protection Programmes:
• Surrogates, particularly those from disadvantaged backgrounds, require financial support and social safety nets to prevent exploitation and ensure equitable participation in surrogacy arrangements.
5. Healthcare and Employment Rights:
• The Bill’s provisions for medical and psychological evaluations highlight the need for accessible and affordable healthcare for all parties involved in surrogacy.
How This Affects Marginalised Women
The Bill’s restrictive provisions risk deepening existing inequalities. Women in low-income or rural areas may turn to informal and unregulated surrogacy arrangements due to the prohibition of commercial surrogacy, increasing their vulnerability to exploitation.
Additionally, the lack of targeted protections for marginalised groups such as rural women perpetuates systemic inequities that the Bill seeks to address.
Lex Initiative’s Recommendations
To ensure the Bill promotes equity and justice, we propose the following amendments:
1. Broaden Eligibility Criteria:
• Expand eligibility to include individuals and families who face unique reproductive challenges, particularly from rural and low-income communities.
• Simplify the medical certification process to ensure accessibility for women in underserved areas.
2. Regulate, Not Prohibit, Commercial Surrogacy:
• Allow regulated compensation for surrogates to prevent exploitation while ensuring their financial security.
• Set clear guidelines for what constitutes reasonable compensation.
3. Comprehensive Support for Surrogates:
• Mandate financial, healthcare, and psychological support for surrogates during and after pregnancy.
• Establish grievance redress mechanisms to address disputes or exploitation.
4. Enhance Representation in the Commission:
• Ensure representation from diverse groups, including rural and low-income women, to provide a holistic perspective on surrogacy-related policies.
5. Strengthen Awareness and Capacity-Building Provisions:
• Mandate public education campaigns on surrogacy laws and rights.
• Provide funding for workshops and training for surrogacy agencies and healthcare professionals.
Conclusion
The Nigeria Surrogacy Bill, 2024, is a significant step towards addressing the complexities of surrogacy in Nigeria. However, without critical amendments, it risks reinforcing systemic inequities and excluding vulnerable groups.
At Lex Initiative, we are committed to advocating for a more inclusive and equitable approach to surrogacy regulation. By addressing the gaps outlined above, we can ensure the Bill fulfils its promise of justice and dignity for all Nigerians.
Call to Action
We invite stakeholders, civil society organisations, and individuals to join us in pushing for these necessary reforms. Together, we can create a surrogacy framework that truly reflects Nigeria’s diverse population and upholds the principles of equality and human rights.
Contact Us
For more information or to collaborate on this advocacy, please reach out to Lex Initiative at info@liradnigeria.org.
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