The Plateau State House of Assembly is considering a landmark bill aimed at regulating surrogacy arrangements and banning commercial surrogacy practices across the state.
The proposed legislation, titled “A Bill for a Law to Regulate Arrangements for Surrogacy in Plateau State and Other Related Matters”, is sponsored by Prof. Theodore Maiyaki,(SAN), representing Qua’an-Pan South, with support from Hon. Owen Dagogot, Hon. Sunday Na’ah, and Hon. Daniel Nanbol Listick.
During debate on the bill at the floor of the House on Thursday, lawmakers said the bill is designed to provide a clear legal framework for surrogacy, protect surrogate mothers from exploitation, safeguard the rights of children born through surrogacy, and offer certainty to intended parents.
Ban on Commercial Surrogacy
A major provision of the bill is the outright prohibition of commercial surrogacy. The bill stated clearly that any surrogacy arrangement driven by profit, payment, or the commodification of childbirth would be illegal under the proposed law.
It added that only altruistic or strictly regulated non-profit arrangements would be allowed.
Individuals or organizations found negotiating or facilitating surrogacy on a commercial basis could face fines of up to ₦5 million, prison terms of up to five years, or both.
Strict Rules on Advertising
The bill also places heavy restrictions on surrogacy advertisements. Public advertisements seeking surrogate mothers or offering surrogacy services would be banned, except where carried out by licensed, non-profit bodies under strict guidelines. Publishers, editors, and digital platforms that circulate illegal advertisements within Plateau State could be prosecuted.
Creation of a Regulatory Commission
Central to the bill is the establishment of the Plateau State Surrogacy Regulatory Commission (PSSRC), headquartered in Jos. The Commission would oversee licensing, registration, monitoring, dispute resolution, and enforcement of surrogacy laws.
Its membership would include representatives from the Ministries of Health and Justice, medical and legal experts, mental health professionals, women’s rights groups, child welfare organizations, religious bodies, and civil society.
Eligibility and Safeguards
Under the bill:
Only married couples medically certified as unable to conceive may enter surrogacy arrangements, though certified single individuals may also qualify. Adding that Surrogate mothers must be at least 21 years old.
All parties must give informed and voluntary consent.
Surrogacy agreements must be written, notarized, medically and psychologically evaluated, and registered with the Commission before commencement.
Any surrogacy arrangement that does not comply with the law would be declared null and void.
Enforcement and Funding
The High Court of Plateau State would have jurisdiction over all offences under the bill. Funding for the Commission would come from state allocations, licensing and registration fees, as well as approved grants and donations, with mandatory annual audits submitted to the House of Assembly.
A First for Plateau State
Lawmakers described the bill as a step toward ethical reproductive healthcare, positioning Plateau State as one of the first in Nigeria to adopt a structured legal framework for surrogacy.
If passed, the bill is expected to take effect on January 1, 2026, with existing surrogacy arrangements given one year to comply with the new law.
