scholarly works
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Item Assisted reproductive technology in Nigeria: tackling the issues of commodification and the dearth of legal regulation(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, 2018-08) Tafita, F. M.; Ajagunna, F. O.Having children is an extremely important event in the life of individuals, particularly married couples. The success and advancement attributed to invention of assisted reproductive technology (ART) in developed countries, and developing countries such as Nigeria has now made it possible for infertile persons and couples who would otherwise have been unable to conceive and bear children to now have children. However, despite the feats and advancement of medical science in this area, infertility or inability to conceive remains a problem of global proportions. In many developing countries, particularly sub-Sahara countries like Nigeria, ARTs and other related services remain ill-regulated and expensive, leading to abuse, exploitation and commodification. This article examines the issue of commodification in various means of assisted reproductive technology, the various abuses of commodification such as the ‘baby factories ’ and sale of babies in Nigeria. The article exposes the challenges facing assisted reproduction and ill-regulation in Nigeria. The article advocates for a specific legislation to curb the nefarious practice of ‘commodification ’ and also, the recognition and promotion of the reproductive rights of infertile individuals and couples to access and benefit from ARTsItem Promoting access to assisted reproductive technology in Nigeria through the rights to benefits of scientific progress: an appraisal(Department of Private Law, Faculty of Law, University of Maiduguri, Nigeria, 2019) Ajagunna, F. O.The prevalence of infertility in Nigeria has risen gradually over the years to 30% in 2015. Assisted Reproductive technologies (ART) are therefore relevant to the Nigerian society where infertility is a major problem. The increase in prevalence of infertility has invariably led to increase in number of clinics offering fertility services. However, this increase in fertility clinics has not translated into increased access to ART services. Restricted access to medical treatment for infertility is one of the injustices obtainable in the field of reproductive medicine. Due to many factors, including financial incapacity, some people have easier access to treatment than others. Against this background, this paper explores the intersections between balancing rights to benefits of scientific progress of which ART is and promoting access to ART services for Nigerians through legislation. The paper leans on the utilitarian theory which promotes welfare for the greatest good of all. At present, the cost of obtaining standard procedures in ART range over One Million Naira ($3,290) which is way far above the means of an average Nigerian. This paper answers the question “should ART be regulated by legislation to provide comprehensive health care to allow individuals reap benefits of scientific progress or should it be left as a private sector driven concern where forces of demand and supply dictates its cost and accessibility?” This paper which gives further impetus to research on the legal framework for regulating ART in Nigeria concludes that infertility is a pervasive public health issue in Nigeria which exposes the sufferers to injustice and discrimination socially. Infringement of reproductive rights occurs when access to ART is not available, then via the instrumentality of law and policy, government could offer succor to this segment of the Nigerian society by ensuring cheaper access to ART services