NEW SCIENCE OF MOTHERHOOD: SURROGACY CONTRACT IN MONOGAMOUS MARRIAGES IN NIGERIA

Abstract

Recently the number of infertile women are on the increase; for various medical and genetic
reasons some couples can‟t conceive. Because of this, most couples have subjected themselves
to Assisted Reproductive Technology (ART). The method of conception under this term
includes Invitro Fertilization (IVF), Frozen Embryos treatment and surrogacy. For the purpose
of this work, we would espouse surrogacy and its linkage with monogamous marriages in
Nigeria. Surrogacy is a form of third-party reproduction in which a women is artificially
inseminated to carry a pregnancy for intended parents. The legal problem that has emerged as
result of surrogacy is the bifurcation of parenthood through the introduction of a third party, a
situation which was never contemplated by Lord Penzance in his definition of marriage and
even the Nigerian interpretation Act on Act Marriage, both making the presence of a man and a
woman mandatory and for the purposes of child bearing and rearing. In the context of
surrogacy, a man and two women are present. The rule of monogamy is simply and universal,
for the most part: You stay sexually, physically and emotionally faithful, to one person.
Essentially, this work adopting the doctrinal research methodology seeks to examine the praxis
for surrogacy contract in monogamous manages and suggest relevant nostrums for
improvement.