A comparative human rights approach to surrogacy arrangements : a study of India, South Africa and Nigeria
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Authors
Adelakun, Olanike Sekinat
Issue Date
2023-05
Type
Thesis
Language
en
Keywords
Surrogacy , India , South Africa , Nigeria , Assisted reproductive technology , Infertility , Africa , Reproductive health , Reproductive rights , Surrogate motherhood , SDG 3 Good Health and Well-being , SDG 9 Industry, Innovation and Infrastructure , SDG 16 Peace, Justice and Strong Institutions
Alternative Title
Abstract
Surrogacy is an assisted reproductive technology method that enables a woman to
carry the pregnancy of commissioning parent(s) to term and hand over the child after
birth. This thesis examines the practice regulation of surrogacy in India, South Africa
and Nigeria. The research investigates the human rights issues associated with
surrogacy practice in the three jurisdictions studied. The aim of the research is to
identify the human rights challenges of surrogacy in India, South Africa and Nigeria
and use the findings to formulate a regulatory framework for surrogacy in Nigeria. The
functional comparative method is adopted in this research to evaluate primary,
secondary and tertiary sources relevant to surrogacy practice in the three jurisdictions.
It is found that after years of commercial surrogacy practice in India, legislation to
regulate surrogacy in India was finally enacted in 2021 prohibiting commercial
surrogacy and international surrogacy. The Surrogacy Regulation Act (SRA) of India
adopts a needs-based approach and fails to effectively protect the human rights of
surrogate mothers.
Similarly, surrogate motherhood arrangements are regulated in South Africa by
chapter 19 of the Children’s Act as well as judicial pronouncements which advance
the rights of the parties to such agreements. However, the genetic requirement and
international surrogacy continue to be subjects of debate in South Africa.
While commercial surrogacy is becoming popular in Nigeria with both domestic and
international commissioning parents patronising the industry, surrogate motherhood
arrangements are unregulated in Nigeria. All past efforts to regulate surrogacy in
Nigeria have proved abortive. Human rights issues such as trafficking, the best
interests of the child and reproductive autonomy, among others, are identified and
discussed.
The thesis makes recommendations on surrogacy practice in India and South Africa
and proposes a regulatory framework for surrogacy in Nigeria. Implications for future
research in surrogacy are identified.