Assisted Pregnancy: Navigating the Secret Struggle Between Faith and Fertility Science Among Nigerian Christians – Part III

By Julius Nsikak

 

Legal Gaps, Surrogacy and the Future of Fertility Care in Nigeria

 

Beyond Theology: The Legal Questions Emerging Around Fertility Treatment

As churches continue debating the moral dimensions of IVF and surrogacy, legal experts point to another challenge quietly developing alongside Nigeria’s growing fertility industry: regulation.

Investigative findings published by lawyer and health law scholar, Olatunde Sanu revealed that Nigeria’s fertility sector has expanded rapidly despite the absence of comprehensive legislation governing assisted reproductive technologies.

According to the report, Nigeria now has more than 174 fertility clinics and thousands of IVF procedures are conducted annually. Yet there remains no dedicated federal law regulating IVF, surrogacy, embryo storage, donor anonymity, legal parentage or fertility clinic accreditation.

Although the National Health Act contains limited provisions relating to healthcare, major attempts to establish specific legislation for assisted reproduction have stalled. The Assisted Reproductive Technology Bill introduced in 2016 failed to progress beyond its second reading, while the Surrogacy Bill introduced in 2024 remains under legislative consideration.

 

The result, according to legal analysts, is a regulatory grey zone in which fertility clinics, surrogate mothers, intended parents and children often operate without adequate legal certainty. Sanu’s investigation found that while professional bodies such as the Association for Fertility and Reproductive Health have developed practice guidelines, these standards are largely voluntary and lack the force of law.

Lagos State remains one of the few jurisdictions that has introduced specific guidelines for assisted reproductive technology services. The legal uncertainties become particularly significant in surrogacy arrangements.

Questions concerning legal parentage, inheritance, nationality, custody, and the rights of children born through surrogacy often remain unresolved. Experts argue that while adults may enter agreements voluntarily, children born through such arrangements should not become victims of legal ambiguity.

The investigation also highlighted concerns regarding the welfare and protection of surrogate mothers. Without comprehensive regulation, vulnerable women may be exposed to exploitation through poorly drafted agreements that provide limited clarity regarding compensation, healthcare obligations, post-delivery support, and legal protections.

These concerns have fuelled growing calls for stronger oversight of Nigeria’s fertility industry. The debates surrounding fertility treatment are therefore no longer confined to faith and medicine. Increasingly, they are also becoming questions of law, ethics, human right and public policy.

 

Between Prayer Houses and Fertility Clinics

Beyond theology, doctrine and legal debates lies an expanding landscape of hope, desperation, and silent suffering. For many couples living with infertility, the journey towards parenthood rarely follows a straight path. Instead, it often involves years of moving between hospitals, prayer houses, prophetic consultations, deliverance sessions, and fertility clinics in search of answers.

Several couples who spoke during this investigation described spending substantial amounts of money on spiritual programmes before eventually seeking medical intervention. An Elder and his wife recounted attending all-night vigils, fasting, and special prophetic services after being assured that their inability to conceive was caused by spiritual attacks, ancestral curses, or demonic influences.

Others described years of emotional pressure from relatives and in-laws who blamed them for delayed childbirth even before medical investigations were conducted. For many women, the burden extends beyond infertility itself.

Some reported avoiding weddings, child dedication ceremonies, and family gatherings because of constant questions about when they would have children. Others spoke of subtle mockery, unsolicited advice, and social exclusion from friends, relatives and even fellow worshippers.

Medical experts have consistently warned that prolonged delays in seeking fertility evaluation may reduce the likelihood of successful treatment, particularly among older couples. Yet the fear of judgement often discourages open discussions about infertility and reproductive healthcare.

 

The Emotional Weight of Assisted Reproduction

According to Laura Calder, Communications and Content Manager of Embrymama, emotional exhaustion remains one of the most overlooked aspects of infertility and assisted reproduction. Speaking with this reporter, Calder explained that many intended parents arrived at fertility clinics after years of disappointment, failed treatments, miscarriages, and financial strain.

By the time many couples consider surrogacy, they have often exhausted numerous alternatives. “Many intended parents have already gone through a long and painful road before they come to surrogacy,” she said. According to her, one of the most common challenges faced by intended parents is unrealistic expectations. After repeated disappointments, many couples begin to see surrogacy as a guaranteed solution.

However, Calder stressed that surrogacy remained a medical process subject to uncertainties and risks. “The most common challenges include emotional exhaustion, unrealistic expectations, fear of failure, financial pressure, legal uncertainty and anxiety throughout the pregnancy journey,” she said.

She noted that many families required not only medical coordination but also emotional support and honest communication throughout the process. “For intended parents, the most important thing is not only reaching the goal of having a child but also feeling that they are not alone during the journey,” she added. Her observations mirror the experiences of many Nigerian couples who continue to navigate infertility in silence because of fear of public scrutiny and religious judgement.

 

The Persistence of Stigma and Misconceptions

Findings from this investigation suggest that misinformation continues to shape public attitudes towards IVF and surrogacy across many faith communities. One common misconception is the belief that children born through assisted reproduction are somehow less legitimate than children conceived naturally. Another is the assumption that surrogate mothers become biological mothers of the children they carry. Calder explained that in gestational surrogacy, the surrogate mother does not contribute her own eggs and therefore has no genetic relationship with the child.

She also challenged stereotypes portraying surrogate mothers as irresponsible or morally compromised women. According to her, many surrogate mothers are responsible individuals who fully understand their role and approach the process with seriousness and commitment.

“They often follow strict medical recommendations, attend regular appointments and understand that they are helping another family fulfil a deeply personal dream,” she said. The fertility advocate further argued that surrogacy was frequently misunderstood as a matter of convenience. In reality, she noted, most intended parents pursued surrogacy only after exhausting other options and facing significant medical obstacles. Public education, she said, remains essential in addressing misinformation.

“Silence creates more stigma. The more people understand how IVF and gestational surrogacy actually work, the less room there is for myths, fear, and judgement,” Calder stated. Her comments highlight a recurring theme throughout this investigation: the gap between public assumptions and the lived experiences of individuals struggling with infertility.

 

When Regulation Fails

As some religious concerns continue to dominate public conversations about fertility treatment, legal experts warn that insufficient regulation may pose equally, serious risks. According to findings published by lawyer and health law scholar, Olatunde Sanu, Nigeria’s expanding fertility industry currently operates without a dedicated federal legal framework governing IVF, surrogacy, and related reproductive technologies.

The absence of comprehensive regulation raises concerns about accountability, transparency, and the protection of vulnerable parties. Sanu’s investigation documented cases in which fertility clinics allegedly failed to provide adequate information, delayed access to medical records, or operated with limited oversight.

The report noted that while many clinics operated professionally and ethically, the lacked uniform standards creating opportunities for abuse and uncertainty. Legal experts argue that issues such as embryo storage, donor anonymity, legal parentage, compensation arrangements, and clinic accreditation require clearer regulation.

Without such safeguards, disputes involving intended parents, surrogate mothers and healthcare providers may become increasingly difficult to resolve.

 

The Child at the Centre of the Debate

Perhaps the most overlooked figure in discussions surrounding assisted reproduction is the child. While public debates frequently focus on religious doctrine, parental desires, and medical procedures, experts argue that the rights and welfare of children born through assisted reproductive arrangements deserve equal attention.

According to Sanu’s investigation, questions surrounding identity, inheritance, custody, nationality, and parental status remained inadequately addressed under existing legal frameworks. The uncertainty becomes particularly significant in surrogacy arrangements where disputes may arise regarding legal parentage.

Accordingly, children should not become casualties of legal ambiguities created by adults and institutions. Sanu’s report further noted that some legal experts have suggested formal adoption procedures even in certain surrogacy arrangements to prevent future disputes over parental rights.

Critics argue that such approaches expose the absence of clear legislation and create unnecessary complications for families. For advocates of reproductive justice, any future regulatory framework must prioritise the best interests of children alongside the rights of intended parents and surrogate mothers.

 

The Shadow of Baby Factories

The absence of comprehensive regulation has also fuelled concerns about criminal exploitation operating alongside legitimate reproductive services. Across parts of southern Nigeria, law enforcement agencies have repeatedly uncovered facilities commonly referred to as “baby factories. “These operations are distinct from legitimate IVF and surrogacy programmes.

Investigations by security agencies have revealed allegations involving the coercion of vulnerable young women, illegal pregnancies, and the sale of infants for financial gain. According to Sanu’s findings, more than two hundred such facilities have reportedly been shut down in recent years.

The caution is that while ethical fertility services and criminal baby trafficking operations are fundamentally different; weak regulatory systems can blur public understanding and create opportunities for exploitation. The existence of such criminal networks underscores the importance of establishing stronger oversight mechanisms capable of distinguishing legitimate reproductive medicine from unlawful practices.

 

Calls for Reform

Growing concerns surrounding infertility, assisted reproduction and the rapid expansion of Nigeria’s fertility industry have intensified demands for comprehensive reforms capable of balancing innovation with accountability.

Across interviews conducted for this investigation, a recurring concern emerged: while fertility services have expanded significantly in recent years, the legal and institutional frameworks required to regulate the sector have not kept pace. Fertility specialists, legal scholars, and reproductive health advocates warn that the absence of a comprehensive national framework leaves intended parents, surrogate mothers, donors, fertility clinics, and children born through assisted reproductive technologies operating within a landscape marked by uncertainty.

Among the reforms most frequently proposed is the passage of the pending Surrogacy Bill and the revival of the Assisted Reproductive Technology Bill, both of which sought to provide clearer legal guidance for reproductive medicine in Nigeria. Advocates argue that effective legislation would help define parental rights, regulate surrogacy arrangements, establish standards for embryo storage and donor programmes, and create mechanisms for resolving disputes involving fertility treatments.

Legal experts have also called for the establishment of a specialised national regulatory authority dedicated to reproductive medicine. Such a body, they argue, would provide oversight of fertility clinics, enforce professional standards, monitor compliance with ethical guidelines, and strengthen protections for vulnerable parties involved in fertility arrangements.

Particular concern has been expressed regarding the welfare of surrogate mothers and egg donors. Without adequate regulation, experts warn that economically disadvantaged women may be vulnerable to exploitation through poorly monitored agreements, insufficient counselling, and inadequate healthcare protections. Advocates maintain that any future framework must prioritise informed consent, transparency, and the protection of reproductive rights.

Questions surrounding donor anonymity, embryo ownership, inheritance rights, nationality, custody and legal parentage have also emerged as major areas requiring legislative attention. Legal scholars argue that children born through assisted reproductive arrangements should not be left vulnerable to ambiguities created by regulatory gaps or conflicting interpretations of parenthood.

Beyond legislation, medical professionals interviewed for this investigation highlighted the urgent need for greater public investment in fertility healthcare. With the cost of IVF and related treatments placing parenthood beyond the reach of many families, some experts advocate targeted government support, insurance coverage, and carefully regulated subsidy programmes capable of improving access while maintaining accountability.

Others emphasise the importance of fertility education and public awareness. They argue that widespread misconceptions surrounding infertility continue to fuel stigma, delay medical intervention and discourage informed decision- making. Awareness campaigns, they contend, could help improve public understanding of reproductive health while reducing the culture of secrecy that often surrounds fertility challenges.

Ultimately, advocates insist that reforms must move beyond regulating procedures alone. They argue that fertility policy should be designed around a broader commitment to human dignity, patient protection, ethical medical practice, and the welfare of future generations.

 

Faith, Compassion and Fertility Conversations

This investigation reveals that infertility in Nigeria is far more than a medical condition. It exists at the intersection of faith, culture, law, medicine, economics, and deeply personal human experience.

Across interviews with the clergy, fertility specialists, legal scholars, researchers, and families affected by infertility, one reality remained constant: the desire for parenthood often carries emotional burdens that extend far beyond the walls of hospitals and fertility clinics. For many couples, infertility becomes a journey marked by uncertainty, grief, financial sacrifice, social pressure and spiritual questioning.

The investigation found significant differences in how Christian traditions approach assisted reproductive technologies. While some denominations encourage believers to combine prayer with medical consultation, others maintain theological reservations about procedures such as IVF, donor conception, and surrogacy. Yet despite these doctrinal differences, a common thread emerged from many faith leaders interviewed: individuals experiencing infertility deserve compassion rather than condemnation.

Medical experts similarly stressed that infertility should be approached as a healthcare issue requiring timely evaluation, evidence-based treatment and accurate public information. Their concerns were reinforced by the findings showing that many couples delay seeking medical assistance because fertility challenges are often interpreted primarily through spiritual lenses. In some cases, years are spent pursuing prophetic consultations, deliverance sessions, and prolonged spiritual programmes before medical investigations are undertaken.

At the same time, legal scholars warned that Nigeria’s expanding fertility industry continues to operate within significant regulatory gaps. As assisted reproductive technologies become increasingly common, questions involving parental rights, donor arrangements, surrogacy agreements, child welfare, and professional accountability are likely to become more pressing. The debate surrounding fertility treatment, therefore, is no longer solely a matter of personal choice or religious doctrine. It has become a broader conversation about ethics, governance, and public policy.

The testimony of Dr Sylvanus Ukafia perhaps illustrates this complexity most clearly. His twenty-five-year journey through infertility demonstrates that faith and fertility treatment do not always exist as opposing forces. Instead, for many families, prayer, medical intervention, community support and perseverance become intertwined parts of the same struggle. His experience challenges simplistic assumptions about infertility and reflects the reality faced by countless couples whose stories remain untold.

Another striking finding of this investigation is the persistence of stigma. Despite advances in reproductive medicine and increasing public awareness, infertility continues to be surrounded by silence in many communities. Women frequentlybear disproportionate blame, while men were often excluded from discussions about reproductive health. Couples experiencing fertility challenges may withdraw from social gatherings, avoid public conversations and conceal medical treatments because of fear of ridicule, judgement, or spiritual labelling.

Yet the evidence gathered throughout this investigation points towards a growing consensus across otherwise diverse perspectives. Whether viewed through the lens of medicine, theology, law or lived experience; infertility should not be treated as a personal failure or source of shame. It is a complex human condition that affects millions of families and deserves to be approached with empathy, understanding, and informed support. As Nigeria’s fertility industry continues to evolve, the challenge confronting society is not merely whether science and faith can coexist. Rather, it is whether religious institutions, healthcare providers, policymakers, communities, and families can collectively create an environment where individuals confronting infertility are treated with dignity, supported with accurate information, protected by ethical safeguards, and empowered to make informed decisions without fear of stigma or exclusion.

For many couples, the journey towards parenthood remains uncertain. However, as this investigation has shown, the conversation surrounding infertility need not be defined by silence. It can instead be shaped by compassion, knowledge, responsible regulation, and a shared recognition of the humanity that lies at the heart of every fertility story.