Cryopreservation of human embryos in an in-vitro fertilisation procedure: the need for a legal framework in NIGERIA

Abstract

Background: The opportunity to completely ‘stop biological time’ using cryopreservation, as it is used in embryo cryopreservation, provides for the selection and long-term storage of high-quality preimplantation embryos for future usage. While this is a beneficial medical procedure, it has however posed some legal issues such as the legal status of an embryo, ownership of the embryo, reproductive autonomy, posthumous reproduction, surrogacy, and the required storage period for embryos. The ethical debate has been around what to do with surplus frozen human embryos, such as donation, adoption, and destruction of embryos. The aim of this research is to assess the need for a legal framework regarding cryopreservation of human embryos. Methods: The objectives are to examine and analyze the legal and ethical implications of the cryopreservation process of human embryos in an in-vitro fertilization procedure to identify the shortcomings of the 2016 Assisted Reproductive Technology Bill. This is legal research and adopts the doctrinal method of research, using both the primary and secondary sources of information. The primary sources include legislation, international instruments and case laws; the secondary sources include textbooks and journal articles. The doctrinal approach was employed to describe and analyse the legal and ethical issues relating to cryopreservation in Nigeria, focused on the analysis of legal principles available in Nigeria in relation to cryopreservation of human embryos. Results: This study finds that there are no laws on assisted reproductive technology regulating the cryopreservation of human embryos in an in-vitro fertilisation procedure in Nigeria. The study concludes that the lack of a legal framework on assisted reproductive technology in Nigeria is the major issue that has left the legal and ethical issues without direction. Conclusions: This work recommends the need for a legal framework for ART in Nigeria and a review of the Assisted Reproductive Technology Bill 2016.