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VOL. 7, ISSUE 2 (2025)
The regulatory framework for assisted reproductive technology (ART) in Nigeria: Lessons from India
Authors
Obagboye Tomi Grace, Ezoke Sandra Voda, Akinola Nkiru Nnenna, Umar Aishatu Muhammed
Abstract
Infertility has been recognized by the World Health Organization (WHO)
as a global public health concern, with both Nigeria in Africa and India in
Asia significantly affected. According to WHO data, the prevalence of primary
infertility in India is 3.9% (age-standardized to 25–49 years) and 16.8%
(age-standardized to 15–49 years). In Nigeria, estimates from demographic
health surveys indicate an 11% prevalence rate, while clinical studies report
infertility rates ranging between 14.5% and 30%. Over the past fifteen years,
the use of Assisted Reproductive Technology (ART) has become increasingly
common in both Nigeria and India, growing at an annual rate of 5–10%. Although
ART has provided hope to many individuals and couples facing infertility, it
also raises significant legal, ethical, and social concerns, prompting the
development of regulatory frameworks in several developed countries. India has
enacted specific legislation regulating ART, whereas Nigeria remains largely
unregulated in this area. This paper examines the regulatory frameworks
governing ART in Nigeria and India. It finds that while Nigeria relies on a
patchwork of general laws — including the Constitution of the Federal Republic
of Nigeria 1999, the National Health Act 2014, the Child’s Rights Act 2003, the
Code of Medical Ethics in Nigeria, the Trafficking in Persons (Prohibition)
Enforcement and Administration Act 2015, and the Lagos State ART Guidelines
2019 — India has established a dedicated law: The Assisted Reproductive
Technology (Regulation) Act 2021. The study highlights the urgent need for
Nigeria to develop a sector-specific regulatory framework for ART. It concludes
that India is significantly ahead of Nigeria in ART regulation and suggests
that Nigeria could draw lessons from India's approach by enacting comprehensive
national legislation to govern ART practices.
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Pages:158-164
How to cite this article:
Obagboye Tomi Grace, Ezoke Sandra Voda, Akinola Nkiru Nnenna, Umar Aishatu Muhammed "The regulatory framework for assisted reproductive technology (ART) in Nigeria: Lessons from India". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 158-164
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