… Says proliferation of baby factories a big obstacle

By Sola Ogundipe

Worried about the proliferation of unregistered fertility treatment outlets that are posing as surrogacy centres, a fertility treatment expert and endocrinologist, Dr Abayomi Ajayi, has called for urgent legislation on the practice of surrogacy in Nigeria.

Ajayi, who is the Medical Director, of Nordica Fertility Centre, Lagos, Asaba, and Abuja, argued that so many procedures are currently being carried out under the guise of surrogacy but are not surrogacy.

He said that it has become expedient to differentiate real surrogacy from the baby factory phenomenon.

In an interview, he told Vanguard that surrogacy was being abused in Nigeria and that urgent steps ought to be taken to stem the tide of baby factories, which currently constitute the greatest threat to surrogacy practice.

“What we are saying is that the practice of surrogacy is becoming so abused in the sense that people just want to have it done for any reason. This is what is known as vain surrogacy.

“People just desire it and go for it, forgetting to look at the problems that can arise from undergoing surrogacy. This is because some of those who are carrying out these procedures are not educating their clients about the potential pitfalls.

Noting that there is currently no regulation for surrogacy in Nigeria, Ajayi remarked that Lagos State was working on having legislation on surrogacy.

“I’m afraid that if we do not regulate surrogacy properly, the abuse might become even more severe. If it is not well regulated, we will start seeing all kinds of things that we do not want to see.

“Apart from the dodgy players coming in, we might also see from the intended parents an abuse of the process, so we need a lot of guidance and regulation.

Noting that surrogacy had the potential to become even more popular over the next 10 years in Nigeria, Ajayi worried that there was a need to regulate the practice before things got out of hand.

“We are having more surrogacies now and even support groups, but the question is, are they genuine?

“There are currently no laws concerning surrogacy, so it is open to a lot of interpretations in the court, but what we try to do in this type of situation is try to be as close to the English law as possible, and that’s why you need a lawyer.

Further, he stated, “The greatest enemy of surrogacy is the baby factories. Sometimes some people buy other people’s babies and will always talk about what they do not understand, but we should not encourage baby factories.

“We need to differentiate clearly between getting a baby through surrogacy and buying babies from baby factories.

“We need to distinguish properly between the two; awareness has to be created so that all the stigmatisation will stop. When people fully understand that, the stigma will stop.

“We need to make people understand what surrogacy is; this is one of the problems we are having, and this is why baby factories can be appealing to some people.

According to him, if anyone wants to go for surrogacy, it is important to look at the pedigree of the centre.

“We need to be deeper; there are so many slippery slopes, and if they are not closely examined, there could be problems.

“I have not seen anyone being arrested for surrogacy, but people are being arrested for their involvement with baby factories, so we should not compare the two.

“The idea of turning babies into commodities should be condemned. The point is that some people will fall for buying a baby when they do not understand the difference between patronising a baby factory and going for proper surrogacy.

“This is where we need to pay attention to getting people to understand that going to buy babies is not surrogacy and also the importance of making it legal.

“You need a contract, but whether it is enforceable in court is a different thing; however, the fact that a centre is registered to carry out surrogacy and everyone knows that you have undergone the procedure in a certified centre, will make it more acceptable and ethical.”

He insisted that every potential surrogacy client needs a contract. “Whether it is enforceable in court is a different thing, but the fact that a centre is registered to carry out surrogacy and that everyone knows that you have undergone the procedure in a certified centre will make it more acceptable and ethical.

“Surrogacy is an important topic in Nigeria now because there is so much interest. Although there is currently no national legislation, the Lagos state government is trying to enact a law.”

Describing it as an arrangement usually backed by a legal agreement whereby a woman agrees to carry a pregnancy for another woman or a couple, he explained that there are two types: gestational and traditional.

“We can mitigate some of the risks; hence, it is our duty to continue to educate the public that surrogacy might not work the way you want it to because you are dealing with a third person, especially in our environment.

“The process of gestational surrogacy means that you have to do IVF, get an embryo, then choose the surrogate, and this is where sometimes people miss the road.

“Some people might want to bring in a close relative because they have not thought it through thoroughly, and this might sometimes cause friction in families. It gets so bad that siblings do not talk again, and there are emotional things that you have to deal with.

“To undergo surrogacy, you should have a good surrogacy agency, a lawyer who is versatile in this area of practice to mitigate the risks, and also have a good legal agreement.

“In the traditional type, there is genetic linkage. In gestational, the surrogate is a carrier or gestational carrier, and there is no genetic linkage with the baby or babies. It is done by using the eggs of the intending mother or donor eggs. Gestational surrogacy is generally reserved for women who have no uterus, women with damaged uteruses, or women born with no uterus.”

“The difference is that in gestational surrogacy, there is a biological link from at least one of the parents, unlike the baby from a baby factory. One is legal, while the other is illegal. For surrogacy, you involve a lawyer so that even when things go wrong, there is legal cover. In the other one, you cannot hold anyone responsible.

“Fortunately, many Nigerian lawyers are developing the required skills, and we are having many successful cases. After you have done this, the fertility clinics can now come in. Then you would need to screen the surrogate for her mental and physical health.

“When using donor gametes, when you have obtained the embryos, and during the transfer, you also need to screen. Afterwards, you wait for two weeks before confirming pregnancy.”

Ajayi warned that surrogacy agreements can end up messy if not well handled. “The majority is using gestational surrogacy because it protects the intending couple.”

According to him, one of the common reasons for surrogacy in Nigeria is myomectomy (fibroid surgery), especially if it is repeatedly done.  ”In Nigeria, fibroid removal surgeries are commonly done, and a second or even third surgery will leave scars in the uterus lining. Others as a result of heart disease and medical conditions that make it impossible for her to carry pregnancy to term.

On who can be a surrogate, he said, “A surrogate should be 21–45 years old and should not have had more than five children or more than two cesarean sections.”