Abstract
This article interrogates the legal, ethical, and human rights implications of surrogacy within the Nigerian context, while drawing comparative lessons from other jurisdictions such as India, and the United States. It situates surrogacy within the broader framework of reproductive rights, autonomy, and human dignity, and argues that despite the increasing practice of surrogacy in Nigeria, the absence of a coherent legal framework has generated legal uncertainty, exploitation risks, and human rights violations. Drawing from international human rights instruments, constitutional provisions, case law, and scholarly debates, the article contends that reproductive autonomy including the right to surrogacy forms part of the bundle of rights essential to human dignity and liberty. The Nigerian legal order, however, remains silent or indirectly hostile to assisted reproductive technologies, leaving women vulnerable to stigma, discrimination, and reproductive injustice. The article concludes by recommending the adoption of a clear legislative and institutional framework that recognizes surrogacy as a legitimate reproductive choice, balancing individual autonomy with safeguards against exploitation, while harmonizing Nigeria’s obligations under international human rights law with domestic realities.
Keywords: Women, Surrogacy, Human Rights and Reproductive Autonomy.