A Critical Appraisal of the Legal and Ethical Framework Governing Assisted Reproductive Technology in Nigeria
Abstract
Assisted Reproductive Technology (ART) had emerged as a critical solution for addressing the increasing incidence of infertility both globally and in Nigeria. Despite its growing importance, Nigeria’s legal and ethical framework governing ART remained fragmented, underdeveloped, and largely unregulated. This study critically examined the existing legal and ethical landscape of ART in Nigeria, assessed its alignment with international best practices, and proposed a robust legal and institutional framework to address the identified shortcomings. The objectives of the study were to evaluate the current legal status of ART in Nigeria, analyse the role of professional medical associations and judicial responses, and compare Nigeria’s approach with those of other jurisdictions. The study further aimed to highlight the ethical implications of ART procedures and suggest effective policy reforms. The research found that Nigeria lacked a comprehensive legal framework to regulate ART, leading to inconsistent practices and legal uncertainty. It also discovered that there was inadequate protection of the rights of women and children involved in ART processes, particularly in cases of surrogacy and gamete donation. Based on these findings, the study recommended the enactment of an overarching ART-specific legislation to provide legal clarity and ensure protection for all stakeholders. It also advocated for the creation of a national regulatory authority to oversee ART practices, enforce ethical standards, and ensure informed consent and non-exploitation of women. In conclusion, the study underscored the urgent need for legal and ethical reform in Nigeria’s ART landscape. Implementing the recommended framework would not only enhance the safety, accountability, and accessibility of ART services in Nigeria, but also align domestic practices with global reproductive healthcare standards.
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