SURROGACY AND CONTEMPORARY MARRIAGE

ABSTRACT

Infertility issues and the anguish they bring with them—the inability to procreate—have ushered in alternate remedies to issues that might otherwise have been unsolvable all over the world. Surrogacy is one of the suggested remedies to this issue. The idea suggests a technique that enables couples to have a child by using a surrogate mother. Due to these factors, this research aims to shed light on surrogacy as a novel form of reproduction by first examining its definition, evolution, and nature as well as outlining its subtleties. Whilst it is a legal method of reproduction for married couples because it gives a man the gift of a child, there is a large gap between those who approve of it and those who do not because of how different jurisdictions see it. Consequently, a portion of this essay is devoted to analyzing the benefits and drawbacks of surrogacy as well as the current challenges that threaten this invention. Even though there are established surrogate agencies and infertility clinics that perform this procedure, there are claims that the practice of surrogacy in Nigeria cannot be classified as legal or illegal because there are no laws governing its usage. The obviously accepted practice of gestational surrogacy is a hint at this. Objectively, this essay also seeks to examine surrogacy legislation in industrialized and developing nations from a Nigerian viewpoint and in light of the origins of the practice under customary law. By considering the legitimacy of the kid holistically, I will also take the legal standing of a child born through surrogacy into account.