By Arita Oluoma Alih
Over the years, medical science has made substantial advancements. A notable achievement in this progression is the field of surrogacy, which involves a woman carrying a pregnancy for another individual or couple. In this process, eggs from one party are typically combined with sperm through in-vitro fertilization techniques to create embryos that can then be transferred into the uterus of the gestational carrier.
Becoming a surrogate mother is granted to a woman who goes through the implantation procedure, a intricate path that inevitably leads to enduring various levels of distress, both physically and emotionally.
Despite the result, these discomforts continue throughout the nine-month pregnancy as the fetus grows, presenting their own set of difficulties such as hormonal fluctuations and resulting bodily transformations.
Choosing to become a surrogate mother is not something one decides hastily. Often, financial difficulties prevalent in emerging societies such as our own serve as significant factors, along with compassion—a desire to assist a woman who has found conception challenging or was deemed medically unable to bear a child by healthcare professionals—are common driving forces behind this choice.
Prospective parents typically don’t dive straight into surrogacy; they might explore other options first before committing to such an intricate procedure. Conversely, some choose this path because of tokophobia—the fear of giving birth. To them, opting for surrogacy feels like taking a safer route.
Various fears can lead couples to explore surrogacy options, such as the anxiety about losing the baby within the uterus, which is clinically termed stillbirth; concerns over potential death during delivery; worries regarding significant weight increase and other physical transformations including hormonal shifts; apprehension towards developing “mom brain”; and postpartum depression like feelings such as the baby blues, amongst other issues.
Considering all these aspects, it’s astonishing that a woman would go above and beyond to carry and deliver another person’s child just to end up with nothing in return or support!
On May 26, 2025, the Nigerian House of Representatives began legislative efforts to ban commercial surrogacy within the country and set up regulations strictly for non-commercial, charitable surrogate arrangements. This initiative comes after the presentation of “A Bill for an Act to Safeguard the Health and Welfare of Women, Especially Concerning Surrogate Practices and Associated Issues.”
The clauses in the Bill addressing ‘clear safeguards against coercion or mandatory surrogacy agreements’ and ‘requiring counseling for both surrogate mothers and prospective parents’ deserve praise. These measures are crucial because cases have occurred where expectant parents refuse newborns due to their gender; such guidance would assist these individuals in recognizing that they should embrace the child unconditionally, irrespective of sex.
An additional complication highlighting the significance of counseling is that sometimes surrogate mothers have contested previous arrangements and sought legal custody over the child.
Secondarily, the “support solely for altruistic surrogacy, with no financial gain beyond reimbursement for medical and pregnancy expenses” remains controversial. It is argued that surrogate mothers ought to receive fair monetary compensation, as determined by an agreement between all involved parties.
Although the legislation appears benevolent, it ought to incorporate financial remuneration for women who provide this arduous and lengthy service, thus equipping them with the means to ensure their mental and physical health following childbirth.
Since the bill seeks to protect the rights of women involved in surrogacy and other parties, the legislators should consider several key factors: What happens if a surrogate mother loses her life? What if a stillbirth occurs? What provisions are made for aftercare? What if the pregnancy leaves the surrogate mother with long-lasting health issues, such as hypertension or diabetes? Addressing these questions will provide balance and add depth to the Bill.
Monetary compensation ought to serve as a source of comfort for these surrogate mothers once everything has been taken into account. Nonetheless, Senator Uchenna Okonkwo from the Idemili North/Idemili South Federal Constituency of Anambra State, who introduced this legislation, likely had specific motivations—though I will refrain from speculating about them. That being said, the proposed law deserves further scrutiny with an aim to enhance its thoroughness.
In conclusion, it comes as no surprise that baby farms serve as breeding grounds for illegal practices such as human trafficking. Banning commercial surrogacy may unintentionally bolster these clandestine operations. Instead, a closer examination of the legislation with an emphasis on providing compensation to surrogate mothers might effectively address this issue from the outset.
Alih is a student at the International Institute of Journalism. Based in Abuja, she can be contacted via email at aritaarit118@gmail.com.
READ MORE: Surrogacy as a Pathway to Modern Development in Nigeria—Experts Opine
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