Surrogacy Arrangements and the Legal Status of the Child in Nigerian Law: Gaps and Reform Proposals

Surrogacy as an assisted reproductive technology raises complex questions of parentage, contract validity, and children's rights that remain largely unaddressed in Nigerian legislation. This study examines the legal status of children born through surrogacy arrangements in Nigeria, with reference to case studies drawn from Lagos, Abuja, and Port Harcourt, identifying the legislative gaps that create legal uncertainty for surrogates, commissioning parents, and children. Employing a doctrinal methodology, the research analyses the Child Rights Act 2003, the Matrimonial Causes Act 1970, and constitutional provisions relating to parentage and family rights, comparing the Nigerian position with legislative frameworks in the United Kingdom, South Africa, and India. The study finds that no statutory framework governs the validity of surrogacy contracts, the transfer of parental rights, or the birth registration of surrogacy-born children, creating serious risks of exploitation, legal limbo, and psychological harm to the children involved. Interviews with 15 fertility clinic administrators, 10 family law judges, and 20 legal practitioners provide empirical texture to the doctrinal analysis. Recommendations include the enactment of a comprehensive assisted reproductive technology law, clear rules for the legal recognition of surrogacy arrangements, and guidelines for birth registration in surrogacy cases. Keywords: surrogacy, parentage, legal status, child rights, reproductive technology