Surrogacy Bills in Nigeria: What You Need to Know

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Surrogacy has become a growing topic of discussion in Nigeria, especially as more families seek alternative ways to have children. However, because surrogacy involves sensitive issues like ethics, health, and human rights, the Nigerian House of Representatives has introduced new bills to regulate the practice.

If you’ve been following the news, you may have heard about the proposed Surrogacy Regulatory Commission Bill and the Bill to Criminalise Commercial Surrogacy, among others. These legislative efforts are designed to provide a clear legal framework for surrogacy, protect women from exploitation, and safeguard the rights of children born through this process.

In this article, we’ll break down the major surrogacy bills before the House of Representatives and explain what they mean for Nigerians.

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1. Nigeria Surrogacy Regulatory Commission Bill 2024

This bill, which has already passed its second reading, seeks to establish the Nigeria Surrogacy Regulatory Commission (NSRC). The Commission will serve as the main body in charge of overseeing surrogacy arrangements across the country.

Key Features:

• Mandatory Registration: Surrogacy agencies must be registered with the Corporate Affairs Commission (CAC) and the NSRC.
• Non-Commercial Surrogacy Only: The bill prohibits commercial surrogacy, allowing only altruistic arrangements. This means that surrogates can only be reimbursed for medical and pregnancy-related expenses, not paid for profit.
• Eligibility for Intended Parents: Only individuals certified medically unable to conceive—whether single or married—may pursue surrogacy.
• Surrogate Requirements: Surrogate mothers must be at least 21 years old, undergo medical and psychological checks, and sign a voluntary, written agreement registered with the NSRC.
• Penalties: Running an unregistered surrogacy agency could attract fines of up to ₦1,000,000 or five years’ imprisonment. Other breaches may carry fines of ₦500,000 or up to three years in prison.

This bill is a big step toward creating a safe and regulated environment for surrogacy in Nigeria.

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2. Bill to Criminalise Commercial Surrogacy (2025)

In May 2025, lawmakers introduced another bill titled: “A Bill for an Act to Protect the Health and Well-Being of Women, Particularly in Relation to Surrogacy and for Related Matters.”

Key Features:

• Ban on Commercial Surrogacy: Similar to the earlier bill, this proposal makes it illegal to profit from surrogacy. Only altruistic arrangements are allowed.
• Protection for Surrogate Mothers: The law guarantees medical care before, during, and after pregnancy. Consent must be voluntary, with no coercion involved.
• Eligibility for Surrogates: Women must be at least 21 years old and must undergo counselling along with intended parents.
• Penalties: Anyone found guilty of violating the law could face up to two years in prison, a fine of ₦2 million, or both.

This bill is particularly focused on protecting women from exploitation and ensuring that surrogacy is based on compassion rather than financial gain.

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3. National Assisted Reproduction Technology and Surrogacy Board Bill 2024

Another important proposal is the National ART and Surrogacy Board Bill, which aims to establish a body that oversees both assisted reproduction technologies (like IVF) and surrogacy.

Purpose:

• Promote ethical practices in surrogacy and fertility treatments.
• Prevent exploitation of vulnerable women.
• Ensure Nigerians—regardless of social or economic background—can access surrogacy and assisted reproductive technologies.
• Safeguard reproductive autonomy while protecting the rights of children and families.

Though this bill has not advanced as quickly as the others, it reflects the government’s intention to strengthen regulation in this sensitive area.

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Why These Bills Matter

Surrogacy is a life-changing process for couples and individuals struggling with infertility. But without clear laws, there is a risk of abuse, exploitation, and disputes over parental rights.

The proposed bills show that Nigeria is moving toward a structured legal framework where:

• Surrogacy is not a business venture but an act of compassion.
• Women’s health and dignity are protected.
• Children born through surrogacy are legally safeguarded.

If passed into law, these bills will reshape Nigeria’s family law system and set the stage for ethical surrogacy practices across the country.

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Final Thoughts

Surrogacy in Nigeria is at a crossroads. While the bills are not yet laws, their progress in the House of Representatives signals a commitment to regulate this sensitive but important aspect of family life. For now, Nigerians considering surrogacy must pay close attention to these developments because they will soon determine what is legal, ethical, and permissible under Nigerian law.

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