ENFORCEMENT OF SURROGACY AGREEMENT IN NIGERIA

Abstract
Despite the growing reliance on surrogacy due to infertility and other reproductive challenges, there is no comprehensive legal framework governing its practice. The enforcement of surrogacy agreements in Nigeria is uncertain; as such agreements are not explicitly recognized under Nigerian law. Issues such as parental rights, breach of contract, and ethical considerations further complicate enforceability. While some surrogacy arrangements are conducted through private agreements, the absence of statutory backing makes such agreements vulnerable to legal disputes, particularly regarding custody and financial obligations.

The paper adopts qualitative research design to gain an insight into the enforcement of surrogacy agreement in Nigeria. The research used descriptive analysis to examine the issues surrounding of surrogacy agreement in Nigeria.

The paper which is theoretical in nature drawn its argument from secondary data which include journal publication, textbooks and internet sources. To realize the objective of this paper and for ease of analysis, the paper is thematically divided into the following eight parts. The first highlight the introduction, the second section discussed the history of surrogacy in Nigeria, the third surrogacy agreement in Nigeria, the fourth dealt with the enforcement of surrogacy agreement in Nigeria, the fifth fertility clinics and surrogacy agencies, the sixth section focuses on the future of surrogacy in Nigerian and the seventh is the conclusion and the eight is the recommendation.

This paper also explores the challenges surrounding the enforcement of surrogacy agreements in Nigeria, examining relevant legal principles and judicial attitudes. It argues for the need for a clear legislative framework to regulate surrogacy, ensuring the protection of all parties involved, particularly the surrogate mother, intended parents, and the child.