The human rights lawyer said surrogacy is outlawed in Nigeria given that the surrogate is “womb renting” and giving out her child. He went on to say that surrogacy is the greatest violation of a woman’s dignity and identity.
“No person shall buy, sell, let on hire, depose or obtain possession of or otherwise deal in a child,” the section reads. Surrogacy is either gestational or traditional. It is gestational when an embryo is created using the sperm from the future father and the egg of the biological mother which is then implanted into the uterus of the surrogate, who carries the baby to full term.
Henry Akanwa, a lawyer, said surrogacy can be classified as a crime when the surrogate is paid for having the child, adding that it is then seen as “child trafficking”. “That one is a different provision , if you look at the Child’s Rights Act, it is meant to protect children who have been born. Surrogacy is not adoption, but someone who cannot conceive has someone give birth for them.”“I think the way forward is for surrogacy to be recognised and checked as the law is made for man and not the other way round. The law must take note of technological advancement. What constitutes a crime is what is outrightly prohibited by law,” he added.
Babayomi added that legalising surrogacy in Nigeria would be rather too premature as there are so many complications around it.
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