A legal practitioner, Mr Isaac Olufunsho, has called on the Federal Government to establish a comprehensive legal framework to regulate surrogacy in Nigeria, warning that the absence of clear legislation has created uncertainties over parentage, contract enforcement and child welfare.

Olufunsho, a lawyer specialising in family and reproductive law, made the call in an interview with newsmen on Friday in Abuja.
He noted that while adoption is governed by statutory provisions, surrogacy continues to operate largely through private contractual arrangements because Nigeria lacks specific federal legislation on the practice.

According to him, advances in assisted reproductive technologies have led to growing interest in surrogacy among couples facing infertility and other reproductive challenges, making regulatory reforms increasingly urgent.

“The absence of comprehensive legislation creates uncertainties regarding the rights of intended parents, surrogate mothers and children born through surrogacy arrangements.
“Clear regulations will help address issues relating to legal parentage, financial responsibilities, dispute resolution and ethical standards for fertility clinics,” he said.

Olufunsho explained that adoption remains the more structured pathway to parenthood under Nigerian law, with procedures regulated by the Child Rights Act, state adoption laws and judicial oversight.

He said prospective adoptive parents are required to undergo background checks, home assessments and court approval processes designed to ensure that adoption serves the best interests of the child.

The lawyer also cautioned against illegal adoption schemes, child trafficking, unregistered baby factories and fraudulent surrogacy arrangements, warning that such practices violate children’s rights and could attract severe legal sanctions.

He stressed that any future legislation on surrogacy should prioritise child protection, provide certainty on legal parentage, safeguard the rights of surrogate mothers and promote transparency in assisted reproductive arrangements.

According to him, strengthening Nigeria’s legal framework for alternative pathways to parenthood would boost public confidence while protecting the interests of all parties involved.

Olufunsho urged individuals considering surrogacy or adoption to seek professional legal advice and ensure strict compliance with existing laws and procedures.

He maintained that the welfare and best interests of the child must remain the overriding consideration in every decision relating to parenthood and family formation.