RETHINKING A LEGAL FRAMEWORK FOR ASSISTED REPRODUCTIVE TECHNOLOGY

Abstract

Assisted reproductive technology is the various medical procedures and techniques used to assist individuals and couples achieve pregnancy especially when the conventional means of procreation fails. Assisted reproductive technology, a very important breakthrough in reproductive medicine, is one of the treatment modalities for infertility and reproductive difficulties, through which couples conceive by means other than sexual intercourse. Nevertheless, as commendable as this technology is, it raises a number of ethical, legal, social, cultural and religious issues. Although, there are existing legal frameworks regulating reproductive health in Nigeria such as National Health Act, 2004, these laws do not envisage the issue of assisted reproductive technology and the emerging trends therein. It is against this backdrop that this paper appraised the existing legal and institutional framework regulating reproductive health in Nigerian for the purpose of making a case for the enactment of new laws or expansion of existing laws to accommodate assisted reproductive technology while taking cognizance of the cultural, religious, and social peculiarities of Nigeria. The paper finds that there are no specific laws regulating the conduct of assisted reproduction in Nigeria. It is the further findings of this paper that despite the absence of these direct laws; the practice of assisted reproduction goes on in Nigeria. The result is that both couples and donors remain unprotected. To address this seeming loophole, the paper recommended among other things, the expansion of the reproductive health laws or enactment of laws in Nigeria to accommodate assisted reproductive technology, this way, couples, donors and even medical practitioners will be better protected and confident in the use of assisted reproductive technology.