SALEM JOURNAL OF LAW

A COMPARATIVE ANALYSIS OF LEGAL CONTROVERSIES IN CUSTODY AND PARTENITY IN ASSISTED REPRODUCTIVE TECHNOLOGIES.

JOEL DRISU UMARU (PhD) BL.
August 1, 2025

Abstract

Globally, and in comparative jurisdictions, the phenomenon of assisted reproductive technologies is having far reaching consequences on traditional value systems of reproduction, custody and paternity. While the concept of dual parenting is not new, what is new is the concept of more than two legal parents for children arising from same sex couples claiming rights grounded in assisted reproductive technologies. While this may not be problematic for Nigeria due to its criminalization of same sex relationships via its Same Sex Prohibition Act, global tensions and internal agitations challenge. In this regard, the main objective of this study was to analyze the profound developments relating to custody and paternity under assisted reproductive technologies in comparative jurisdictions so as to derive useful lessons for Nigeria. Pursuant thereto, the doctrinal research methodology was adopted as the methodology of study. It was found that there is the development of a pervasive and highly influential practice of custody and paternity in comparative jurisdictions, which threatens legal, traditional notions and values of custody and paternity in Nigeria. It was also found that Nigeria does not have legislation on assisted reproductive technology and this puts Nigeria in a perilous situation to prevent incursions. In this regard, it was recommended that Nigeria’s legislation of Same Sex Prohibition Act be strengthened to prevent negative incursions into the country’s legal and moral ethos. 

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SALEM JOURNAL OF LAW

Published in SALEM JOURNAL OF LAW

ISSN: 3027-0391

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