THE ETHICAL, LEGAL, AND SOCIAL CONSIDERATION OF SURROGACY IN NIGERIA AND GHANA

Abstract

Surrogacy has brought tremendous joy and satisfaction to several African families and African homes that have generally struggled with childbearing. It has in fact saved millions of infertile couples who would have been subjected to societal ridicule, shame, and rejection due to the fact that African societies consider the inability to procreate as a disability and waste no time in concluding that the woman is barren in the circumstance with enormous tension on them to produce offspring. However, despite the happiness, positivity, and benefits surrogacy arrangements seem to bring to couples, there are numerous issues that are constantly arising, specifically as regards the legal, ethical and societal challenges these arrangements pose which must not be overlooked. These issues are germane not just because of the severeness of the activity surrounding surrogacy arrangements but the implications and impacts it has on both the stakeholder and lawmakers who are duty-bound to ensure the legitimacy and general suitability of surrogacy practices in their various jurisdictions. This is particularly more important in Africa where there is an alarming level of unethical, inimical, and insalubrious practices that usually undermine the fundamental human rights of citizens without real value for human lives. It is therefore very vital, as evident in the analysis of this chapter, to reflect on the ethical, legal, and social concerns packaged with surrogacy activities in Africa, with focus on Nigeria and Ghana.