ABSTRACT
With the advancements in medicine, the use of assisted reproductive techniques has become more prevalent. The advent of Artificial Reproductive Technology (ART) has brought about a paradigm shift in traditional notions of conception, challenging existing legal frameworks in many jurisdictions, including Nigeria. This analysis delves into the intricate legal landscape surrounding children born through ART in Nigeria, shedding light on the complexities and uncertainties that arise in the intersection of technology and the law. Nigeria, like many other nations, is grappling with the legal implications of ART as it pertains to the status and rights of children conceived through these innovative methods. The absence of specific legislation addressing ART in the country poses challenges in providing legal clarity and protection for both parents and the children born through these means. At the heart of this discourse is the question of legitimacy and legal recognition of children conceived through ART. Traditional family law principles may not seamlessly apply to these cases, as the conception often involves third-party gametes or surrogacy arrangements. The absence of clear legal provisions leads to a potential gap in safeguarding the rights of children born through ART and determining their legal parentage. The issue of parentage becomes particularly contentious when considering surrogacy arrangements. Nigerian law is silent on the recognition of surrogacy, leaving children born through surrogacy in a legal limbo. The absence of a legal framework creates uncertainty surrounding the rights and responsibilities of intended parents, surrogates, and the child, with potential consequences for inheritance, citizenship, and other legal entitlements. Furthermore, the analysis explores the evolving concept of the family in the context of ART. The traditional nuclear family model may not adequately capture the diverse family structures arising from assisted reproductive technologies. The legal system’s adaptability to embrace these changes is crucial in ensuring the protection of the rights of children and the stability of family units. The rights of the child, a fundamental consideration in any legal framework, become paramount in the context of ART. Issues such as the right to identity, access to genetic information, and the right to know one’s biological origins raise ethical and legal questions. Balancing these rights with the privacy and autonomy of the individuals involved in the reproductive process is a delicate task that requires careful legal consideration. This analysis highlights the urgent need for comprehensive legislation addressing the legal status and rights of children born through ART in Nigeria. The current legal vacuum poses challenges to the protection of the rights of the child, the recognition of parentage, and the adaptation of family law principles to accommodate the complexities introduced by technological advancements in reproduction. A thoughtful and inclusive legal framework is essential to navigate the evolving landscape of assisted reproductive technologies, providing clarity and protection for all parties involved.
