A COMPARATIVE ANALYSIS OF LEGAL CONTROVERSIES IN CUSTODY AND PARTENITY IN ASSISTED REPRODUCTIVE TECHNOLOGIES.
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.
This article is available as a PDF download
Published in SALEM JOURNAL OF LAW
ISSN: 3027-0391
This article appears in our peer-reviewed academic journal
View JournalRelated Articles
Explore similar research in our collection
AN EVALUATION OF THE DOCTRINE OF SEPARATION OF POWERS AND THE CONSTITUTIONAL BASIS OF THE COURT OF APPEAL JUDGMENT IN HON. JUSTICE NGANJIWA V. FEDERAL REPUBLIC OF NIGERIA: A CRITIQUE.
NWOSU, UCHECHUKWU WILSON PhD
Aug 1, 2025
This research paper examined the Constitutional basis of the concept of Separation of Powers as ensh...
View ArticleTHE IMPACT OF RAPE SHIELD LAWS ON SEXUAL ASSAULT PROSECUTION
Dr. KALADA D.S. NONJU, & Dr. SOBERE NELSON UWOH
Aug 1, 2025
Rape shield laws, that limits the ability to adduce evidence about a sexual assault victim's prior s...
View ArticleTHE ROLE OF REGIONAL PARLIAMENTS IN PROMOTING THE ENFORCEMENT OF THE AFRICAN CHARTER ON DEMOCRACY, ELECTIONS, AND GOVERNANCE IN MEMBER STATES.
NWOSU, UCHECHUKWU WILSON PhD
Aug 1, 2025
This research paper evaluates the role of Regional Parliaments in promoting the enforcement of the A...
View Article