Parental Order as an Affirmation of Legal Percentage in Gestational Surrogacy Cases-A Review of Re: Olatunde
Amarachi Chizaram Okonkoh
Martina A. Ebikake-Nwanyanwu
Abstract
On 29 November 2021, a Nigerian Court in the matter of Re: Olatunde, delivered judgment conferring parental rights in respect of a child born pursuant to a gestational surrogacy arrangement, on the intending parents. The decision in Re: Olatunde is perhaps the only known case where a Nigerian Court was called upon to determine the legality of a surrogacy contract and to make a declaration of legal parentage in favour of the intending parents. This decision is significant because of the absence of surrogacy or Assisted Reproductive Technology (ART) specific laws in Nigeria. This case review therefore discusses the concept of surrogacy and ART generally and examines the basis upon which the court reached the decision conferring parental rights on the intending parents. It appraises the significance of the decision and specifically enquiries into whether the decision has aided in clarifying the Nigerian law on gestational surrogacy, and advanced Nigeria’s jurisprudence on this subject. It concludes by emphasizing the need for the enactment of ART specific laws for the purpose of further clarifying the Nigerian ART law.
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References
Fernando Zegers-Hochschild and others, ‘The International Glossary on Infertility and Fertility Care, 2017’ (2017) 32 Human Reproduction 1786, 1793.
Yehezkel Margalit, ‘In Defense of Surrogacy Agreements: A Modern Contract Law Perspective’ (2014) 20 William and Mary Journal of Women and the Law 423, 426.
Amarachi Chizaram Okonkoh and Dorcas Odunaike, ‘Contract for Gestational Services: Examining the Legal Status and Enforceability of Surrogacy Arrangements in Nigeria’ in Olanike S Adelakun and Erebi Ndoni (eds), Reproductive Health and Assisted Reproductive Technology in Sub-Saharan Africa: Issues and Challenges (Palgrave Macmillan 2023).
Health Facilities Monitoring and Accreditation Agency (HEFAMAA), issued pursuant to the Lagos State Health Reform Law 2006.
Medical and Dental Practitioners Act Cap M8, Laws of the Federation of Nigeria 2004, s 1(2)(c).
Rules of Professional Conduct for Medical and Dental Practitioners, r 23.
Tony Anozie v Mrs Chizoba Uwakwe and Anor (2016) LPELR-40554(CA).
Princewill Chigoziri Chikwe and others, ‘A Review of Perceptions, Challenges and Prospects of Child Adoption in Nigeria’ (2022) 21 Global Journal of Social Sciences 113, 116.
Rita D’Alton-Harrison, ‘Mater Semper Incertus Est: Who’s Your Mummy?’ (2014) 22 Medical Law Review 357, 361.
Human Fertilisation and Embryology Act 2008, s 54.
Constitution of the Federal Republic of Nigeria 1999, s 272.
Child’s Rights Act 2003, ss 150–152.
The applicants in this case were represented by the first author.
Re: Olatunde, Unreported, Suit No DHC/50/CS/2021, judgment delivered 29 November 2021.
Omatseye v FRN (2017) LPELR-42719(CA).
(1976) LPELR-1861(SC). ← (Please provide case name for full OSCOLA compliance.)
Bello v Attorney General, Oyo State (1986) LPELR-764(SC).
Re: Olatunde (n 15) 5.
ibid.
Re: Olatunde (n 15) 6.
(1976) LPELR-8039(SC). ← (Please provide case name.)
Re: Olatunde (n 15) 10.
Orient Bank of Nigeria Plc v Bilante International Ltd (1997) 8 NWLR (Pt 515) 37.
Re: Olatunde (n 15) 11.
ibid 12.
(2015) LPELR-24277(CA). ← (Please provide case name.)
Re: Olatunde (n 15) 13.
In re Marriage of Moschetta (1968) 25 Cal App 4th 1218. (Please verify exact report citation.)
Johnson v Calvert 851 P 2d 776 (Cal 1993).
s 1. (Please specify the statute for proper OSCOLA citation.)
Re: Olatunde (n 15) 17.
Re X and Y (Foreign Surrogacy) [2013] EWHC 1418 (Fam).
Re: Olatunde (n 15) 19.
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