ASSISTED REPRODUCTIVE TECHNOLOGY AND PATERNITY: EXAMINATION OF THE LEGAL ISSUES

Student: Zidata Tehila Obi
Supervisor: Dr Maureen Ujah
HOD: Prof Boniface Obinna Okere
Department of Law
Law
Godfrey Okoye University, Ugwuomu-Nike, Enugu, Enugu State

Abstract

This study critically examines the legal issues surrounding Assisted Reproductive Technology (ART) and paternity under Nigerian law. It highlights significant challenges which arise from the absence of a comprehensive legal framework. We utilised a doctrinal methodology. We examined both primary and secondary sources. Primary sources included statutes, case law, and relevant legal principles. Secondary sources include books, journals, and internet articles. The findings reveal that the there is a lack of clear legislation. This creates considerable uncertainty regarding parental rights in surrogacy arrangements. This ambiguity can lead to disputes over the legal status of children born through ART. In addition, intended parents and surrogates might be exploited. Key issues identified include the legal recognition of intended parents, the rights of gamete donors, and the implications for children conceived via ART. In addition, the study highlights the ethical dilemmas that arise from unregulated practices. Based on the findings, we propose the following recommendations. Firstly, there is need for legislative reform to address these pressing challenges. A robust legal framework is essential. This will define the rights and responsibilities of all parties involved in ART. To this end, specific laws that regulate ART practices in Nigeria should be enacted. This will establish ethical guidelines for surrogacy agreements. In addition, it will provide mechanisms for dispute resolution. Furthermore, public awareness campaigns should be initiated to educate stakeholders about their rights and responsibilities under any new legislation. By implementing these measures, Nigeria can enhance legal certainty in ART cases. Vulnerable parties will also be protected. In addition, it will promote responsible practices within this evolving field.  

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