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28 May 2025

Medical Law Digest – Q1 2025

Compos Mentis Legal Practitioners

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Compos Mentis Legal Practitioners is a leading indigenous law firm. Established in 1985, the Firm has a proven track record of providing cutting-edge legal services in both domestic and cross border related matters to individuals, corporations, multinationals and state-owned enterprises across range of industry sectors including financial institutions and governments.
The Nigerian Surrogacy Bill 2024 ("the Bill"), recently scaled its second reading at the House of Representatives. The Bill marks a significant step towards regulating surrogacy arrangements in Nigeria.
Nigeria Food, Drugs, Healthcare, Life Sciences

Nigerian Surrogacy Bill Advances in House, Stakeholders Call for Stronger Protections

The Nigerian Surrogacy Bill 2024 ("the Bill"), recently scaled its second reading at the House of Representatives. The Bill marks a significant step towards regulating surrogacy arrangements in Nigeria. The Bill seeks to establish a " Nigeria Surrogacy Regulatory Commission" to oversee surrogacy practices, register surrogacy agreements, and ensure ethical compliance amongst other functions. To fully protect the rights of surrogates, intended parents, and children, it is crucial that all stake-holders engage actively in refining the bill. Relevant and salient issues arising include clarifying legal parenthood, making surrogacy contracts explicitly enforceable, fine-tuning eligibility criteria for surrogates, and ensuring the rights of children born through surrogacy are well defined. Stakeholders must work together to address these issues, to ensure that the final legislation is comprehensive and fit for purpose in safeguarding the interests of all parties involved.

FG Unveils New Guidelines to Regulate Organ and Tissue Transplantation in Nigeria

The Federal Government of Nigeria recently issued comprehensive guidelines to regulate organ and tissue transplantation services across the country. These guidelines were officially launched on March 6, 2025, by the Minister of State for Health, Dr. Iziaq Salako, at an event in Abuja.

These guidelines were developed after extensive collaboration between healthcare professionals, legal experts, professional bodies, media organisations, and other key stakeholders. The guidelines address critical areas such as ethics in transplantation, donor protection, transplant patient safety, minimum standards for organ transplant procedures, and mechanisms to ensure compliance. The primary aim is to promote transparency, accountability, and adherence to international best practices in Nigeria's organ transplantation system.

To strengthen the implementation of these regulations, the FGN plans to map and certify all health institutions involved in organ donation and transplantation, to ensure they meet the highest standards of practice. Additionally, an organ donation and transplantation registry and banking system will be established to streamline the management of organ donations nationwide.

These measures are part of the government's efforts to curb unethical practices, including illegal organ harvesting, and to restore public trust in the organ transplantation system. The guidelines are expected to provide a life-saving opportunity for individuals suffering from end-stage organ failure by ensuring ethical and transparent practices in organ and tissue transplantation services.

Bauchi Passes Landmark Bill to Provide Free Sanitary Pads in Schools and Communities

The Bauchi State House of Assembly recently passed a bill to establish sanitary pad banks in schools, correctional facilities, and community centers across the state. This pioneering legislation aims to address menstrual hygiene management challenges and promote women's development in Bauchi State.

The law is projected to tackle the mischief of absenteeism among indigent adolescent girls and female inmates during their menstrual periods, by providing free sanitary pads. By ensuring access to proper menstrual hygiene products, the bill seeks to improve health, dignity, and educational outcomes for indigent adolescent girls and female inmates.

The Bauchi bill prioritises menstrual health as a public policy issue, setting an example for the Federal Government and other states. Key lessons include providing free sanitary pads to reduce school absenteeism, ensuring menstrual hygiene in correctional facilities, and establishing pad banks for community access. Additionally, integrating menstrual health education into awareness campaigns helps combat stigma. Bauchi's initiative serves as a model for improving menstrual hygiene and advancing women's health and empowerment nationwide.

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