Gestational Surrogacy (Shared Motherhood)
Gestational surrogacy, also known as shared motherhood, allows a woman to "lend her womb" to another person who cannot carry a pregnancy. It is a completely legal option. Women who are unable to conceive naturally and same-sex couples can use this procedure to have children with their own genetic material.
It is important to note that this is not a "commercial surrogacy," a term popularly used, as financial transactions are not allowed. This is prohibited in Nigeria – according to medical ethics, any payment to the surrogate is considered an ethical violation, and professionals may face disciplinary action.
Although there is no specific law on the subject in the country, medical guidelines set some regulations. For instance, only close relatives up to the fourth degree of kinship can act as surrogates.
How is the procedure performed?
Clinics specializing in this type of treatment can only perform the procedure if there is a medical condition that truly prevents or contraindicates pregnancy, or in the case of a same-sex couple. The technique used is in vitro fertilization (IVF).
For a heterosexual couple, the woman’s egg and the man’s sperm are collected, and the embryo is formed in the lab. It is then transferred to the surrogate's uterus. The genetic material used (sperm and egg) is provided by the biological parents.
For same-sex couples, in the case of two men, they must obtain an egg donation, which is strictly anonymous. For female couples where both cannot carry the pregnancy, anonymous sperm donation is also required.
Who can be a surrogate?
The woman acting as a surrogate must be a close relative up to the fourth degree of kinship to one of the intended parents (first degree: mother or daughter, second degree: sister or grandmother, third degree: aunt or niece, and fourth degree: cousin).
Other cases of surrogacy are subject to review and approval by the Medical Council.
What is required for gestational surrogacy?
Before the procedure can be carried out, a series of documents are required from both the intended parents and the surrogate.
- Consent form signed by all parties, including the intended parents and the temporary surrogate;
- Medical report including psychological evaluation, certifying the clinical and emotional suitability of the individuals involved;
- Commitment agreement clarifying the child's parentage between the intended parents and the temporary surrogate;
- Assurance from the intended parents to provide medical care and support to the surrogate until the postpartum period, which includes physical and psychological adjustments for the surrogate mother;
- Civil registration of the child by the intended parents (genetic parents), which must be arranged during pregnancy;
- Consent from the spouse or partner, in writing, if the surrogate is married or in a stable relationship.
How is the child registered?
Previously, the surrogate's name had to appear on the birth certificate, but in 2016, changes were made. Children born via gestational surrogacy no longer need to have the surrogate’s name on the certificate.
With the signed agreements, it is guaranteed that the surrogate has no legal rights over the child.
In the future, the surrogate cannot claim any rights regarding parentage, custody, visitation, child support, or inheritance.
Is the demand for this technique growing?
The demand for gestational surrogacy (or uterine replacement) has been increasing significantly, according to professional reports. Practiced for over 40 years, the procedure is gaining greater acceptance in society as it adapts to new family dynamics and advanced reproductive methods.
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