APPRAISAL OF THE LEGAL ISSUES IN THE USE OF ASSISTED REPRODUCTIVE TECHNIQUES IN NIGERIA

Modern medicine has introduced a lot of means to ameliorate human sufferings and struggle. A good example is the Assisted Reproductive Technique or technology (ART). This is the term used to refer to the technological infertility treatment option. The ART option is not without its legal issues or challenges especially in Nigeria where it is claimed that there is no law regulating the use of ART. There are different types of ART which includes Surrogate Motherhood, In Vitro Fertilization (IVF) and Artificial Insemination (A1), Gamete Intra Fallopian Transfer(GIFT) among others. These have brought a lot of relief to the treatment of infertility in Nigeria and it is important to note that whichever option the couple decides to use, egg or sperm of either or both of the couples or of a donor as the case may be is needed to carry out the ART procedure. Despite the fact that Children born through ART especially IVF are referred to as test tube babies, which is against the Constitutional provision in section 42, a lot of couples have used this means to get healthy children. Hospitals have continued to use it to treat infertility despite its prohibition in the National Health Act 2014. Little wonder why the 2017 amendment of this Act could not pass its second reading till date. The crux of this work discusses the legal issues of the use of ART in Nigeria including the paternity question and the right of surrogate mother or Artificial Insemination donor among others. Also, the need to regulate the growing practice of ART in Nigeria.