Surrogacy is defined by the involvement of multiple parties—including surrogate mothers, intended parents, healthcare professionals, legal advisors, and intermediaries—whenever there is:
• an exchange of money or payment (commercial surrogacy), or
• non-monetary incentives provided to gain consent from someone controlling another (altruistic surrogacy).
Consequently, Section 13 of the TIPPEA Act explicitly prohibits both commercial and altruistic surrogacy. The Act expands on its definition of ‘exploitation’ to cover:
“…at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, deprivation of the offspring of any person, forced labour or services or practices similar to slavery, servitude or the removal of organs.”
This legal framework treats any surrogacy arrangement that manipulates, coerces, or deceives a surrogate mother as a form of human trafficking—a serious criminal offence under Nigerian law.
It is this legal stance that targets the existence of “baby factories,” where women and girls may be forced or tricked into pregnancies and surrogacy for profit.
‘Section 21 of the TIPPEA Act’
Section 21 reinforces the criminalisation of all surrogacy activities, whether they are commercial or claimed to be altruistic. The law specifies:
“Any person who buys, sells, hires, lets or otherwise obtains the possession or disposal of any person with intent, knowing it to be likely, or having reasons to know that such a person will be subjected to exploitation, commits an offence and is liable on conviction to imprisonment for a term of not less than five (5) years and a fine of not less than N2,000,000.”
This clause makes it clear that any person or agent—including medical or legal practitioners—who participates in these arrangements is committing a crime.
In summary, the TIPPEA Act mandates that any surrogacy operation exploiting a surrogate is punishable by at least five years in prison, a fine of not less than N2,000,000, or both.
Unlike the Child Rights Act and state-specific legal frameworks, the TIPPEA Act applies nationwide in Nigeria, binding every state. Its focus is on eliminating the reproductive exploitation of women and children, treating surrogacy as a form of human trafficking—a federal offence.
Proposed surrogacy legislation in Nigeria conflicts with Sections 17(3)(h), 21, 33, 37, and 38 of the 1999 Constitution. Section 17(3)(h) requires the government to protect family life. Citing the Nigerian Law Reform Commission, the family unit is seen as the bedrock of societal morality and tradition—disrupting it risks destabilising Nigerian society.
Family vacation packages
Surrogacy is argued to erode the core of family life, as observed in other Western societies. When legal systems begin to manage sperm storage and anonymous donations, traditional concepts of parenthood fade. This leads to challenges in establishing legal paternity and maternity, creates social disputes, heightens divorce rates, and complicates inheritance matters.
This breakdown of family structure may allow individuals to have children outside of marriage or without their partner’s knowledge—fueling more single-parent households, and increasing conflicts over child identity and paternity.
Moreover, Section 21(a) of the 1999 Constitution commands that Nigeria’s culture must be protected and nurtured. The use of sperm donation, cloning, IVF, and surrogacy is not part of our heritage. Nigerian society must develop organically, guided by its unique values.
A nation’s laws should echo what its citizens hold dear. Importing foreign customs and legalising them to meet international standards risks losing our identity. As Professor John Ademola Yakubu stresses in his work ‘Who Gives the Law? Determining the Jurisprudential Question’, stable societies depend on legislation that reflects public morals and aspirations.
The National Assembly, empowered by Section 4(1) and (2) of the Constitution, is responsible for making laws that embrace Nigeria’s social and religious context.
Surrogacy contradicts core human values embedded not just in African tradition but also in global human rights documents, such as the African Charter on Human and Peoples’ Rights, now part of Nigerian law. By commercialising childbirth, surrogacy risks turning people into commodities.
‘The Preamble to the African Charter states:’
“Taking into consideration the virtues of their historical tradition and the values of African civilisation which should inspire and characterise their reflection on the concept of human and peoples’ rights; Conscious of their duty to achieve the total liberation of Africa, the peoples of which are still struggling for their dignity and genuine independence, and undertaking to eliminate colonialism and neo-colonialism…”
‘Article 8 of the Charter provides:’
“Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be subjected to measures restricting the exercise of these freedoms.”
‘Article 29 states:’
“The individual shall have the duty to preserve and strengthen the national independence and the territorial integrity of his country and to contribute to its defence in accordance with the law; to preserve and strengthen positive African cultural values in his relations with other members of society, in the spirit of tolerance, dialogue and consultation, and in general, to contribute to the promotion of the moral well-being of society.”
In Nigeria, it is nearly impossible to separate commercial surrogacy from altruistic surrogacy. In reality, almost every surrogacy arrangement includes substantial financial reward or benefit for the surrogate, blurring the line between altruism and commerce. Virtually no one undertakes surrogacy for free.
Nigeria is fast becoming a centre for surrogacy arrangements, and this often comes at the expense of vulnerable women and girls. Many are lured via misleading social media ads and sent abroad for surrogacy, which amounts to exploitation, not empowerment. Girls—sometimes underage—may enter agreements without full understanding of the risks or under pressure they cannot resist.
Surrogacy can be deeply exploitative. Imagine a young woman enduring pregnancy for nine months, only to relinquish the baby she carried. Such practices not only objectify women but also represent grave violations of their dignity and rights.
The risks go beyond economics and ethics. Nigerian women and girls face substantial health dangers—including pregnancy complications and severe emotional trauma—especially when pressured or forced to surrender their babies.
Look out for the continuation of this discussion in tomorrow’s post.
Ekwowusi, Lawyer, writing from Lagos.
