EXAMINING THE LEGAL STATUS OF CRYOPRESERVED EMBRYOS RESULTING FROM IN-VITRO FERTILISATION PRACTICE IN NIGERIA: OWNERSHIP, DISPOSITION AND ETHICAL CONCERNS

Abstract

This study examined the legal status of cryopreserved embryos resulting from In Vitro Fertilisation (IVF) in Nigeria, focusing on ownership, disposition and ethical concerns. It assessed Nigerian regulatory instruments alongside those of Australia, Canada and the United States, through a comparative approach, to determine their efficacy in preventing unethical practices associated with Assisted Reproductive Technology (ART). The research methodology adopted is doctrinal as the paper examined existing literature in this field of Law. Findings of the study revealed lack of comprehensive legislation on the ownership, storage duration and disposition of cryopreserved embryos particularly in cases of divorce, death, or partner disagreements. This raises concerns about abandonment, improper disposal and create legalun certainties which has led to inconsistent practices in fertility clinics in Nigeria. Significant legal reforms addressing ownership, disposition and ethical abuses in ART are needed to align with frameworks in cognate jurisdictions. The study recommends establishing a comprehensive legal framework to define the rights and responsibilities of all parties involved. Provisions for posthumous embryo use, safeguarding consent, inheritance, and prioritising the child’s welfare must also be included. Ethical guidelines and public awareness campaigns are essential to guide decision-making in ART practices, addressing storage duration, usage, and disposal while balancing autonomy with societal values. Policies must reflect Nigerian cultural and religious diversity while upholding human rights. Judicial training is vital to equip legal professionals with the expertise to handle ART-related cases effectively. A national oversight body is also recommended to regulate fertility clinics, ensuring ethical practices and consistent embryo management.