A CRITICAL EVALUATION OF THE LEGAL FRAMEWORK ON SURROGACY IN NIGERIA

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ABSTRACT

Children are seen as a gift from the Almighty Creator. They are recognized as a significant addition to any family. Thus, it is the expectation of a newly married couple to have a child or children during the course of their marriage or existence. In Nigeria, bearing a child was a way of wife establishing her position in her home. However, for one reason or the other, not every woman is capable of child bearing. Fortunately, with the advancement of science, different processes have been designed for families to have children. One of such process is that of Surrogacy. Surrogacy is the context of law, connotes an arrangement in which a woman (surrogate) agrees to assume responsibility for the pregnancy and delivery of a child on behalf of another person or couple (the intended or commissioning parent(s)).

However, due to societal, cultural, and ethical values, most societies have rather rejected the practice, or turned a blind eye towards it. However, this does not stop the practice of this process. Thus, a ranging issue as regards the practice of surrogacy is, its legality or otherwise. Nigeria, a country with heightened cultural and traditional values attached to family, is one country where the legality of surrogacy is constantly considered. This long-essay therefore, seeks to appraise current legal regime existing in Nigeria on the practice of surrogacy. The success or otherwise of existing systems in different countries will also be reviewed and the inadequacies of the existing framework in Nigeria will be highlighted. Conclusively, positive recommendations will be made on the issue.

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