A LEGAL ANALYSIS OF PARENTAGE AND LEGAL RECOGNITION OF CHILDREN BORN THROUGH SURROGACY AND ASSISTED REPRODUCTIVE TECHNOLOGIES IN NIGERIA

OGBONNA, PRINCESS EBUBECHUKWU (2026) A LEGAL ANALYSIS OF PARENTAGE AND LEGAL RECOGNITION OF CHILDREN BORN THROUGH SURROGACY AND ASSISTED REPRODUCTIVE TECHNOLOGIES IN NIGERIA. Other thesis, GODFREY OKOYE UNIVERSITY.

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Abstract

ABSTRACT Assisted Reproductive Technology and Surrogacy have developed rapidly and this has transformed traditional ideas of family, reproduction and legal parenthood. In Nigeria, parentage is determined through childbirth, marriage, legitimacy and biological connection. However, modern reproductive arrangements now make it possible for genetic, gestational and intended parenthood to exist in different persons. Hence, this creates uncertainty about who should be recognised as the lawful parent of a child born through these methods. Therefore, this aim of this project is to assess how parentage is determined for children born via ART and surrogacy in Nigeria and recommend legal reforms to ensure clarity and coherence. This project adopts a doctrinal methodology. It examines primary legal materials such as the Constitution of the Federal Republic of Nigeria 1999, the Child Rights Act 2003, the Evidence Act 2011, the National Health Act 2014, laws on birth registration, relevant judicial authorities, international instruments and selected comparative legal frameworks. It also relies on secondary materials, including textbooks, journal articles, policy documents and legal commentaries on ART, surrogacy, family law and child rights. This project found that law in Nigeria remains fragmented and inadequate in addressing parentage in ART and surrogacy arrangements. Existing legal presumptions, (especially the presumption that the woman who gives birth is the mother and that the husband of a married woman is the father) do not address situations where genetic, gestational and intentional parenthood are divided. In addition, the study found that there is no comprehensive statutory framework in this regard and it exposes children and parties to uncertainty, exploitation, disputes and gaps in legal protection. This project recommends that there should be federal legislation on ART and surrogacy in Nigeria. Such legislation should define legal parentage, regulate clinics and agreements, protect surrogate mothers and donors, safeguard the best interests of the child. it should also provide procedures for birth registration, citizenship, inheritance and dispute resolution.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	MABEL AMAECHI
Date Deposited:	24 Jul 2026 10:28
Last Modified:	24 Jul 2026 10:28
URI:	http://eprints.gouni.edu.ng/id/eprint/5899

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