13/04/2022
The Latest Nigerian Surrogacy Scandal
In the last couple of days, Nigerians have been regaled with the details of a surrogacy arrangement gone horribly wrong.The twists and turns can rival any Nollywood thriller! I am grateful to the many friends who have taken the time to tag me in different fora where the discussions have been running.
Before I start, let me say that Nigeria like many other countries does not have a specific legislation for assisted reproduction including donor egg, donor s***m and surrogacy. What many people do not know is that in spite of this lacuna/gap in the law, many are taking advantage of the pool of excellent fertility doctors, competitive prices and internationally comparable success rates in Nigeria. Nigeria is a veritable fertility treatment destination in it's own right! All you need to do is look around on the internet and you will find groups where you can advertise for egg and s***m donors based on their physical characteristics and location etc. Potential surrogates offer their services openly. Whatever you may think about the ethical and other dimensions of these practices, they are happening a lot more than you think.
One of the reasons for the lack of awareness is that infertility is such a taboo topic. I know because I practice law in this area in two countries and most of my consultations in Nigeria are after dark. I don't feel bad if my clients neither say hello in public nor refer me to others because I understand how sensitive the issues are. The downside of this silence is that people are deprived of the opportunity to learn from the experience of others.Until bad cases like the one we are talking about hit the socials.
The latest surrogacy scandal has given me a lot of material on how not to arrange a surrogacy. Many lawyers will agree with me that it is amazing how many people will engage in complex transactions and either refuse to engage a lawyer or offer peanuts for the services of one!I would be very surprised if the parties to the agreement in question had proper legal advise, but what do I know right?
The comments of the many people who have weighed in on this matter have been instructive as well as bewildering. There is so much ignorance about surrogacy that more than 5 posts will be required to educate people as to what exactly is happening legally and otherwise. By far the most stunning remarks were those made in rebuttal to the surrogate by the intending parents based in the US.
I think that the main threads of arguement relate to the following points:
1. What kind of contract is a surrogacy arrangement and is it legal in Nigeria?
2. Can a surrogacy contract be valid in the absence of a written document?
3. Are there any limits to the level of compensation that a surrogate can demand in exchange for her services?
4. Where the surrogate's own eggs were used in the surrogacy procedure, is she the genetic mother of the child or a mere incubator for rent? What are her rights?
5. What are the rights of the commissioning /intending parents and under what circumstances can they terminate the surrogacy contract?
6. Are the intending/commissioning parents entitled to terminate the contract because the children were born early?
I am sure you will agree that there are quite a few weighty issues to cover. If you are interested in these issues, please follow this page! I promise to make it worth your while!
Undiga Emuekpere
Solicitor
13th April 2022
Bamofin Muyiwa Kusimo, Certified Thompson, Ebenezer Egwuatu , Kola Alapinni, Tina Canice Beshel, Tina Hanis, Umali Oko, Olabisi Ekwueme Ajai , Nkem Olisa Esther Olisa-aseme, Adeniyi Aderinboye, Femi Adeyemi-Ejeye, Eme Aderinokun, Helene Blakiiz , Maria Helen , Fertility in Infertility Rotola Williams, Margaret Akpoyoware , Margaret Dakwat, Jesus Joy Etienam , Adaeze Chidolue Ibeabuchi, Adaora Nweke Ogbuefi, Tokoni Odey-Ogbaji, Agnes Umoffia , Agu Obasi, Akolisa Louis Anyaduba, Uche Akuneme, Alorye Ugar, Amaechi Ipeh, Amy Onugba, Agianpe Ashang, Nkechi Nwosu-Igbo
DISCLAIMER: PLEASE NO PARTS OF THIS OR ANY OTHER POSTS SHOULD BE USED AS LEGAL ADVICE BASED ON EITHER UK OR NIGERIAN LAW.====
Photo illustration by Lisa Larson-Walker. Photos by Thinkstock.
