International surrogacy arrangements, where Nigerians engage surrogates in foreign countries or where foreigners commission Nigerian surrogates, raise a distinct set of legal questions. These questions touch on nationality law, immigration, recognition of parentage, and the enforceability of foreign court orders in Nigeria.
Why Nigerians Seek International Surrogacy
Some Nigerian intended parents choose to pursue surrogacy in countries where it is more clearly regulated and legally protected. Countries such as the United States, Georgia, and certain other jurisdictions have established legal frameworks for surrogacy that make it easier to establish legal parentage before the child is born.
Nationality and Citizenship of Children Born Abroad Through Surrogacy
Under the Nigerian Constitution, a person born outside Nigeria is a Nigerian citizen by descent if either parent is a Nigerian citizen. However, obtaining Nigerian travel documents for a child born abroad through surrogacy can be complex, particularly where the child genetic parentage differs from the names on the birth certificate of the country of birth.
Recognition of Foreign Parentage Orders
Some countries will issue parentage orders recognising the intended parents as the legal parents of a child born through surrogacy. The question of whether Nigerian courts will recognise such foreign orders is complex. Intended parents should not assume that a foreign parentage order will automatically be recognised in Nigeria.
Immigration Issues on Return to Nigeria
Bringing a child born abroad through surrogacy into Nigeria requires valid travel documents for the child. Immigration officers may raise questions if the documentation does not clearly establish the relationship between the child and the intended parents. Planning for the immigration process before the child is born is essential.
Practical Recommendations
Parties entering international surrogacy arrangements should: engage legal counsel in both Nigeria and the country where the surrogacy will take place; understand the parentage laws of both countries before entering the arrangement; plan the documentation process for the child nationality and travel documents before the birth; and understand the immigration process for bringing the child into Nigeria.
Conclusion
International surrogacy involves multiple overlapping legal systems and requires careful coordination between lawyers in different jurisdictions. The consequences of getting the legal framework wrong can affect the child citizenship, the parents legal status, and the family ability to travel freely.
This article is for general information only. For advice on international surrogacy and Nigerian law, contact Marturion Legal.