Assisted Reproductive Technology (ART) within the Family Law Dynamics: Imperatives for a Legal Framework

An indispensable panacea to a glowing flame of matrimonial love among couples is the issue of child bearing. In Africa, incidents of fertility and parenthood are highly valued with procreation usually considered the most important purpose of marriage. Sometimes, this expectation may not be achieved as a result of several factors, but, predominantly, it results from infertility which has been viewed as a major source of worry and concern in public health. In an attempt to address this worrisome problem among couples, Assisted Reproductive Technology (ART) has been invented and this has reportedly found to be a commendable antidote to infertility. Although, it was developed in the western countries, many Africans have embraced the practice. Thus, this paper undertook an examination of all relevant statutory provisions regulating matrimonial causes and related matters in addition to case laws and relevant literature on the subject in Nigeria. It was found that the evolution of ART has presented multitudinous ethical, legal, and social challenges as a result of absence of legal regulations and amongst other things to guide its operation in the country. In addition, government involvement in the regulation and monitoring of the practice is non-existing. Therefore, this paper examined socio-legal implications of ART’s practice in Nigeria and its probable challenges. Besides, it considered a framework for legal regulation of the practice with a view to isolating the practice from susceptible abuses.  In the overall, suggestions put forward in this paper are capable of affording both the policy makers and the legislature the wherewithal for evolving legal regulations. The study concluded that the practice as it stands currently is susceptible to abuses which are likely to undermine its objective.