10 surrogacy claims fact-checked from DUBAWA’s investigation

DUBAWA recently explored and exposed the grim repercussions associated with surrogacy in its latest In-depth investigation. 

This aligns with its goal to spotlight several myths, false beliefs, and practices that are common in Nigeria, which are exacerbated by unchecked social media policies. 

Below are some of the common claims about surrogacy childbirth that we found in the course of the investigation.

1. No complications experienced while carrying a surrogate pregnancy

In the course of investigating the challenges that could be experienced by DUBAWA’s reporter when she agrees to be a surrogate mother, a surrogate agent, Omobolanle Oguntolu, stated that there are no complications or the possibility of death while carrying a surrogate pregnancy. 

She disclosed it as “100% guarantee for safety.” 

However, available research and a nurse at the Lagos State University Teaching Hospital (LASUTH), Jumoke Falade, cautioned that surrogacy came with risks associated with pregnancy, including death. Also, a woman is more likely to experience health implications due to carrying a baby that is not her own.

Verdict: False.

2. Delivering surrogate pregnancies through cesarean section is safer

The surrogacy agent also claimed that birthing a baby through cesarean section (CS) is a better option than natural delivery because it is safer. However, a gynaecologist at Mother and Child Hospital, Sunday Olarenwaju, explained that natural birth is better for a surrogate mother because it promises a faster post-delivery recovery process. Moreover, the surrogate mother would not have a scar on her, which happens only when a woman chooses the option of having a C-section.

Several health articles, such as here and here, also reveal that each form of delivery has its benefits and risks. 

Verdict: False.

3. Surrogacy only deals with a woman’s womb

A popular health misconception held by most wilful surrogate mothers is that fulfilling their own end of the bargain in a surrogacy deal simply means carrying a child in their womb. 

However, Dr. Sunday Olarenwaju explained to DUBAWA that, beyond a fetus developing into a mature baby during pregnancy, vital organs and components of the human body, including the lungs and blood, play critical roles in ensuring the safety of both the mother and the child.  

“The woman’s lungs are being used to help the baby breathe. The blood is used for circulation, and the nutrients from the woman’s body nourish the baby,” he said. 

“The womb is only the house of the baby,” Sunday told DUBAWA.

Verdict: False

4. Commercial surrogacy is legal in Nigeria

Surrogacy agent Omobolanle told our researcher that commercial surrogacy is legal in Nigeria, and that is why it is the norm in Nigeria. 

However, a lawyer, Marvellous Igbineweka, told DUBAWA that the National Health Act of 2014 prohibits the donation of human organs, cells, or tissue for monetary purposes, gains, or profit. He further disclosed that the Child Rights Act of 2003, Section 13 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, and Order 23 of the Code of Medical Ethics in Nigeria can be used to debate the legitimacy of the practice in Nigeria.

But Dogo Njeb, another lawyer, argued that any matter the law has not clearly criminalised is legal, and further added that Nigeria permits its citizens to enter into contractual agreements, a purview that surrogate deals fall under.

Verdict: Misleading 

5. A surrogate mother can negotiate a higher deal

When DUBAWA encountered the surrogate agent, Omobolanle, and posed as a willing surrogate mother, our reporter attempted to negotiate for a higher pay, an amount exceeding the N2,243,000 the surrogate agent initially offered. 

However, DUBAWA soon discovered that the pay was at a flat rate and not subject to negotiation. In fact, another surrogate agent, known as Sophia, told DUBAWA to “read through the rules and regulations of the payment plan,” and stated that “there must be no complaints” once the contract has been signed.

Verdict: False

6. Surrogates have an agreement/contract before they embark on the journey

One of the surrogate mothers in DUBAWA’s investigation, Temitope Afolabi, was not aware of the terms and conditions attached to the surrogacy deal. She was only informed about a compensation plan. 

However, she was given a contract to sign at the end of her first trimester. And, one of the clauses in the agreement stated that she understood she could die in the course of carrying the surrogate pregnancy. Additionally, the contract stipulated that only the intended parents and the doctor could decide on the next course of action in the event of complications. She was also not permitted to speak to the media. 

Verdict: Misleading

7. Surrogates do not bond with the babies they carry

Contrary to the popular belief that surrogate mothers do not bond with the babies that they carry in their womb, Temitope stated that such a claim is untrue.

She told DUBAWA that because of the surrogate pregnancy, she was surgically cut several times, and it took several weeks for her to heal. Worse still, she bled abnormally during the period of the pregnancy, so she sought the option of using Pampers instead of pads. She declared to DUBAWA that it is difficult to experience such misery and still hate the child you are pregnant with.

Verdict: False.

8. Surrogates are poor or desperate people

DUBAWA discovered that Temitope agreed to the surrogacy agreement, so her husband would not go to prison after selling company products worth N48 million to a runaway customer. Before the incident, her husband was a branch manager of a Chinese firm, TL and Jaradisco Company, and Miss Charlotte. 

They began to pay off their enormous debt, but due to an unfriendly economy and biting inflation, she was advised to seek the option of being a surrogate mother. 

Verdict: True

9. Intending parents are at the mercy of surrogate mothers

The perception that intending parents of a surrogate child are usually at the mercy of surrogate mothers is not true. 

DUBAWA came across a surrogate agreement between an egg donor and a surrogate agency, where it was stated that the surrogate shall immediately forfeit custody of the surrogate child(ren) once the pregnancy has been delivered. Moreover, she would not have legal rights or a claim to the child(ren) born.

Verdict: False.

10.  There is no secrecy in surrogacy

Anxiety arises in the mind of a surrogate mother as to who might find out or become privy to the dealings of a surrogacy agreement. 

However, when DUBAWA met the surrogacy agent, Omobolanle Oguntolu and asked for the hospital that would manage her surrogacy pregnancy, Omobolanle disclosed that such information was confidential. She said DUBAWA would only be told when the reporter has agreed to the deal and is on her way there.

Moreover, a clause in Temitope’s contract states that she cannot reveal details of the surrogacy deal to the press, meaning only parties involved in the agreement are privy to its details.

Verdict: False.