Magnificent Lawyer

 Egg donation has become a hope for many struggling with infertility, but in Nigeria, the growing industry raises significant ethical, legal, and societal concerns. As infertility continues to affect millions globally, egg donation offers a potential solution, especially for women with diminished ovarian reserves or other fertility challenges. However, the lack of regulation and oversight in Nigeria has led to cases of exploitation, with some fertility clinics accused of pressuring vulnerable young women to donate eggs under unethical circumstances.

According to the World Health Organization (WHO), infertility affects approximately one in six people worldwide or about 17.5 percent of the population. Infertility, defined as the inability to conceive after 12 months of regular, unprotected sexual intercourse, can be a source of significant emotional, psychological, and financial distress. In Nigeria, despite having one of the highest fertility rates globally, infertility remains a growing concern. Many couples face societal pressure to conceive, leading to the rise of fertility clinics and, regrettably, illegal operations such as baby factories.

The growing demand for assisted reproductive technologies (ART) in Nigeria has also led to an increasing number of young women, some as young as 16, reportedly selling their eggs for as little as N50,000. This alarming trend has highlighted the urgent need for stronger legal frameworks to regulate the industry and protect all parties involved, especially vulnerable young donors.

Egg donation, a critical component of ART, involves retrieving multiple eggs from a donor through a minor surgical procedure, which is then fertilized in a laboratory to create embryos. In countries with robust regulations, the process is closely monitored to ensure the donor’s health and safety. However, in Nigeria, there are no standardized guidelines to regulate the booming sector. Reports of young girls being coerced into donating eggs, often without full consent or proper medical guidance, have surfaced.

A recent case in Lagos involved two teenage girls, aged 17 and 19, who alleged that a church member took them for surgical egg retrieval without their consent. They were promised N80,000 for their participation but were also threatened with violence if they disclosed the procedure to anyone. Such stories have prompted the Nigerian House of Representatives to mandate an investigation into the activities of fertility clinics across the country.

Experts in the fertility industry have dismissed some of these claims, describing egg donation as an altruistic act, not a commercial transaction. According to the Association for Fertility and Reproductive Health (AFRH), egg donation is a safe and voluntary procedure when conducted by qualified practitioners. Donors are typically reimbursed for reasonable expenses, such as travel and medical check-ups, but are not paid for their eggs.

The National Health Act of 2014 serves as the only legal framework governing egg donation in Nigeria. Section 53 of the Act criminalizes the exchange of human tissue and blood products for money, imposing penalties including fines and imprisonment for violators. However, experts argue that this legislation is insufficient to regulate the complexities of egg donation, particularly in the face of rising demand for ART.

A consultant obstetrician and fertility specialist, explains that while egg donation is a safe and effective treatment for infertility, it must be done ethically. He emphasizes that the process should be voluntary and conducted with informed consent. "Egg donors undergo thorough medical assessments to ensure they are healthy, and the procedure is performed by qualified professionals in a medical facility," adds that egg retrieval is a minor procedure that usually takes 30 minutes and has minimal risks if done correctly.

Despite this, the absence of comprehensive laws and regulations has allowed unethical practices to flourish. The professor of obstetrics and gynecology at a leading university hospital notes that while Lagos is the only state with guidelines regulating ART, the rest of the country remains unregulated. He expressed hope that the National Assembly will pass a bill to establish national guidelines for ART, which would provide much-needed oversight of fertility clinics and protect both donors and recipients.

One of the most pressing concerns in Nigeria’s fertility industry is the exploitation of young women, particularly students and those from financially disadvantaged backgrounds. Some fertility clinics allegedly offer commissions to young women to recruit other donors, turning what should be a voluntary act into a transaction. These young women are often uninformed about the risks associated with frequent egg donation, which can lead to complications such as ovarian hyperstimulation syndrome or scarring of the ovaries.

There's a concern against women donating eggs more than three times in their lifetime, as repeated donations can cause long-term health issues. "While egg donation is generally safe, it’s important to allow the body time to recover between donations. Women are advised to donate not more than three times in their lifetime to avoid overburdening their ovaries."

As Nigeria’s fertility industry continues to grow, there is an urgent need for a legal framework that clearly defines the rights and responsibilities of all parties involved in egg donation. This framework should include strict guidelines for screening and compensating donors, ensuring informed consent, and imposing penalties for clinics that exploit vulnerable women. It should also address the black market for human eggs, which has reportedly emerged in some parts of the country.

There should be increased access to fertility treatments and greater awareness of the ethical implications of egg donation. "While IVF and egg donation offer hope to couples struggling with infertility, these procedures must be conducted ethically and transparently," he says. The national guidelines will not only regulate egg donation but also ensure the safety and well-being of donors.

Egg donation is a vital tool in the fight against infertility, offering hope to thousands of women unable to conceive naturally. However, the absence of comprehensive regulations in Nigeria has led to the exploitation of vulnerable young women and raised serious ethical concerns. Establishing clear guidelines and enforcing legal standards will ensure that egg donation remains a safe and ethical option for both donors and recipients. As the demand for ART grows, Nigeria must prioritize the protection of its citizens by regulating the fertility industry and safeguarding the rights of all involved. Written by Daniel Okonkwo for Profile Internation

al Human Rights Advocate.