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Abstract

The desire for procreation by some couples is often caused by cultural value systems, 
familial expectations, and cravings for human immortality. Procreation becomes 
problematic when barrenness and infertility impede its accomplishment. However, 
scientific research into this problem triggered breakthroughs in medical technologies and 
methods of assisting affected couples in the reproductive process, thereby, birthing 
“Assisted Reproduction”. Despite the appreciable success recorded in the application of 
these legally viable technologies such as artificial insemination, in vitro fertilization, and 
surrogacy, some affected people tend to resort to an illicit pathway to parenthood when 
confronted with infertility. This pathway, mainly “baby factory”, is considered illegal 
and an avenue for perpetrating social ills like child abuse, infant trafficking, rape, and 
sexual violence. What could possibly inform the preference of baby factory to the 
effective, legal, and scientific method of Assisted Reproduction? Employing the method of 
reductive analysis, this paper found out that victims of infertility are obstructed from 
seeking solutions through assisted reproduction due to their belief systems and 
ignorance. The paper argues that these victims' orientation can be aligned with assisted 
reproduction through seasoned philosophical arguments, and as well, dissuade them 
from patronizing baby factories. Consequently, the paper employs the Fletcherian, 
utilitarian, and Kantian arguments to showcase how assisted reproduction is a viable 
alternative to baby factory patronage. The paper recommends that enough awareness 
should be created on the immorality of baby factory patronage and, the moral and 
therapeutic attractions of assisted reproduction.

Keywords: Assisted reproduction, baby factory, human procreation, infertility.

Introduction
The quest for procreation remains one of the fundamental biological cravings of the 
human person based largely on familial, fulfilment, and cultural concerns (Roupa et al, 
2009). People may have various reasons for participating in reproduction and making 
babies, but traditionally, many families seek to raise children that will perpetuate the 
family name or aid the attainment of immortality (Sharma, Saxena & Singh, 2018). 

ASSISTED REPRODUCTION AS AN ETHICAL ALTERNATIVE 
TO ILLICIT PATHWAYS TO PARENTHOOD.

PASCHAL ANAEKE 
DEPARTMENT OF PHILOSOPHY, UNIVERSITY OF LAGOS, 

LAGOS, NIGERIA.
&

FATAI ASODUN, PH.D
DEPARTMENT OF PHILOSOPHY, UNIVERSITY OF LAGOS, 

LAGOS, NIGERIA.

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Indeed, being a natural phenomenon and an instrument of the continuity of human 
existence, many individuals have the natural inclination to participate in procreation. 
Problems arise when this desire is not met due to some reproductive impediments that are 
either socially induced or associated with medical challenges. These impediments act as 
factors that trigger infertility. 

Assisted reproduction is an attempt to overcome these impediments. Although in the past, 
couples simply accept their fate of infertility as given due to lack of knowledge, the 
situation is different today as development in medical sciences is fetching solutions 
through assisted reproduction (Roupa et al, 2009). Some cultures have already developed 
traditional methods of assisted reproduction to overcome this challenge (Nwaezeapu, 
2011). In the scientific arena, assisted reproductive technologies are developed to serve as 
an alternative when the natural method of reproduction fails. However, certain belief 
systems consider assisted reproduction as an affront to parenthood and procreation. For 
instance, surrogacy is reasoned to be an absurd condition where multiple females can 
productively and reasonably claim motherhood to the same baby at the same time. 
Furthermore, surrogacy exemplifies reproductive prostitution (DeMarco, 1991).

Practically, the mental conditioning which holds that assisted reproduction is morally 
reprehensible makes the childless couples who fondly desire to have babies whether for 
personal joy, familial, or cultural considerations often resort to clandestine and illicit 
pathways to parenthood. Such dark routes include patronage of baby factories, child theft, 
and baby selling. 

This paper seeks to dismantle the ingrained belief that condemns assisted reproduction. 
We argue that to curb the attendant evil associated with illicit pathways to making babies, 
wider public awareness of assisted reproduction is essential. More so, public policy 
intervention that can make access to Assisted Reproductive Technologies available and 
affordable will go a long way to serve as a panacea to closing down baby factories, 
discouraging baby theft and sales, and also enhancing documented births with medical 
history.

The paper is divided into four sections. Section one takes a critical look at the causes and 
effects of infertility while section two reveals the menace of illicit baby business and 
factory patronage as a common solution to the problem of childlessness. In section three, 
the paper introduces three critical arguments in support of assisted reproduction as a 
viable option for solving the problem of childlessness. In section four, the paper advances 
some recommendations on how to dissuade our mind-set from illicit baby business and 
factory patronage.

The causes and effects of infertility
Any discourse on assisted conception presupposes a condition of infertility. Basically, 
infertility is understood as the inability to achieve pregnancy after about twelve months of 
sexual intercourse properly timed and done without protection (WHO, 2022). It remains 
one of the existential problems of humanity as it obstructs the channel of life creation. 

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Infertility is considered a common and global issue since it is affecting a high proportion 
of couples worldwide (Roupa et al, 2009; Mustafa, Sharifa, Janan, Illzam & Aliya, 2019). 
In Nigeria, for instance, about 10% - 30% of couples are affected by this problem 
(Chimbatata & Malimba, 2016).

The factors behind the experience of infertility could be social or medical-related. Social 
factors are human activities and decisions that induce infertility. In this regard, Aitken 
(2022) draws attention to how women enlightenment belittles procreation as a crucial 
factor behind the continuity of human existence. Some women for instance consider 
procreation as a barrier to their professional career growth and hence engage in the usage 
of pregnancy preventive drugs whose side effect triggers infertility. The men equally are 
not helping matters as their lifestyles encourage health challenges that impede 
reproductive competence. Illicit drugs and excessive alcohol intake by such men 
sometimes a prompt reduction in the quality of their semen thereby leading to infertility. 
Sexually transmitted diseases caused by multi-partner sexual patronage have been linked 
with defective sperm quality among men. 

Medical reasons are also ascribed to infertility. As a case in point, infertility in women is 
traced to the problem of fallopian tubes, disorders of the menstrual cycle, problems in the 
uterus, sexual disorders, ovarian failure (Roupa et al, 2009, p. 86), age-related factors, 
pelvic inflammatory diseases, and even age-propelled factor (Mustafa et al, 2019, p. 29). 
Male infertility on its own can be ascribed to medical disorders like low-level 
testosterone, genetic disorders, testicular cancer, and perhaps premature ejaculation. 

While infertility blocks the way for human continuity (Mbiti, 1975), procreation is by 
common consent, understood as a sure way to human immortality as new humans come 
into being to take the place of the old (Meilaender, 2013). The inability to procreate is thus 
viewed as an aberration since it hinders the process of immortality (Sharma, et al, 2018). 
B. Bujo's remark corroborates the foregoing by asserting that offspring occupy the space 
between the living and the living dead (ancestors) as well as remaining the hope of family 
continuity (Bujo, 2003).

Infertility is quite devastating in developing countries. Besides blocking family 
continuity therein, it paves way for social dislocation, family disintegration, 
stigmatization, and social ostracism (Daar & Marelli, 2002). The emotional turmoil, 
usually underplayed by the medicalization of infertility, is even more worrisome 
(Mustafa et al, 2019). Infertile couples are reported to experience distress, psychological 
trauma, sexual dysfunction ascribed to anxiety, pressure-induced marital discord, and so 
on (Begum, 2008; Mustafa et al, 2019).  Indeed, the pains of childlessness coupled with 
the familial and cultural perception of infertility make discourse on assisted reproduction 
a pressing issue. 

Assisted reproduction as a viable option for childlessness
The term “assisted reproduction” can be used in two senses, namely, the medical sense 
and the moral sense. In its medical sense, assisted reproduction is a non-coital 

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reproductive process meant to aid reproduction where the natural process fails. It is thus 
an alternative reproductive process involving the use of different medical technologies to 
facilitate childbirth. Such technologies include in vitro fertilization (IVF), surrogacy, 
artificial insemination, intra-cytoplasmic sperm injection, egg and sperm donation, 
Gamete Intra-Fallopian Transfer (GIFT), genetic enhancement, and many other 
processes (Fadare & Adeniyi, 2015; Nagera, 2016). Interestingly, the application of these 
technologies is guided by appropriate regulatory institutions and frameworks especially 
in developed countries (Bamgbopa, Okonta, Ajayi, Ogbeche, Igbokwe & Onwuzurigbo, 
2018), thus giving the practice some legal support and legitimacy.

In its moral sense, assisted reproduction is a process of rendering reproductive assistance, 
aid, or support to couples who could not have babies through the natural process. By 
implication, it involves a third party who is to render this assistance with the help of 
reproductive technology. “Assistance” as used here is interpreted to mean moral favour or 
duty to help the needy. Some individuals render such assistance by donating sperm or egg 
to infertile couples at no cost. Some non-governmental organisations or groups even 
operate health institutions where assisted reproductive operations are carried out. 
According to Basterra (1994), prior to the advent of assisted reproductive technologies, 
childless couples had to adopt a child or accept barren love as their fate. The author further 
remarks that infertile couples within some cultures resort to spiritual solutions. However, 
he delightfully notes that with the revolutions in reproductive technologies, the hope and 
dream of childless couples having children of their own is becoming a reality. 
Development of technics in the field of assisted reproduction simply provides 
opportunities for solving the problem of infertility (Sharma et al, 2018), albeit with 
admirable success (Najera, 2016). 

As clearly depicted in the moral sense, assisted reproduction involves a third party 
intervention in the reproductive process where, traditionally, an intra-couple affair is 
taken for granted. This third party involvement is chiefly the ground for moral ripples 
surrounding its acceptance. Appalled by the level of proliferation of reproductive 
technologies, Donald de Marco avers that “by initiating life apart from the embrace of 
husband and wife leads ultimately to so weakened a notion of parenthood.” (1991, p. 22). 
He describes AR as an affront to parenthood and procreation. This position also reflects 
the stance of the Catholic Church concerning artificial reproduction (Magisterium, 
1987). Such perspectives raise ethical objections to third party assisted reproduction and 
other extensions of the practice that are anchored on the manipulation of sperm and eggs. 
The Catholic Church considers sperm and eggs as potential lives such that spillage of 
same clearly amounts to the destruction of potential life (Magisterium, 1987).

Some other strong criticisms are levied against assisted reproduction. However, most of 
these criticisms are cantered on the methods and technologies of assisted reproduction 
and not the act itself. The use of preimplantation genetic analysis as an instrument for the 
selection of offspring, for instance, attracts divergent opinions and is claimed to be an 
attempt to usurp God's role in reproduction. There is a moral issue of confidentiality and 
whether gametes and embryo donors be compensated or not. Also of moral concern is the 

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issue of financial inducement and gratification ascribed to surrogacy (Bamgbopa, et al, 
2018).  

Within this climate of understanding, the desire to seek assisted reproduction as a way out 
of childlessness is confronted with stiff ethical objections. Assisted reproduction is 
argued to be akin to playing God, artificial interfering with the origin of life, and absurdly 
subjecting reproduction to technological influence. Such a situation makes candidates for 
assisted conception torn between choosing to follow the dictates of their hearts to seek 
assisted reproduction and maintaining fidelity to the tenets of popular religious views 
which raise objections against it (Cooper & Glazer, 1994). For some childless couples, 
resorting to illicit pathways to parenthood becomes the inevitable “secret” option. This 
latter clandestine choice invariably exacerbates the existence of “black market” 
reproductive practices in the form of baby selling, baby theft, and patronage of illicit 
“baby factories”. This new practice raises deeper moral questions.

The menace of illicit pathways to parenthood
 The desire to have children is heightened by people's cultural attitude to childlessness. 
Such traditional considerations make infertility perceived as a natural calamity that must 
be conquered by any means possible. The effort to make people reject illicit routes to 
parenthood must take cognizance of and address such cultural and societal factors that 
drive people into it. Daar and Marelli (2002) note that because motherhood is often 
closely connected to womanhood, barren women are commonly regarded as inauthentic 
women. Driven by the fear of social stigma some victims of infertility find it difficult to 
embrace child adoption; they would rather engage the services of baby racketeers to get 
fulfilment.

Philip Obaji (2020) makes a shocking revelation about the spate of sexual exploitation 
surrounding black market reproductive practices. According to Obaji, operators of baby 
factories and their abettors go as far as luring young girls displaced by terrorists in 
Northern Nigeria into their baby factories under the guise of securing employment for 
them. Such vulnerable girls are sexually exploited and made to bear children which will 
be sold to ready buyers who are mostly barren couples and local or international adopters 
(Huntley, 2014). The girls are conveniently camped in disguised maternity homes, 
welfare homes, and orphanages where these inhuman acts are carried out.

Identifying different faces of baby factory, Christiana Ele (2016) draws attention to its 
menace in Nigeria. “At one activity, it has the face of commercial surrogacy, where 
wombs are rented to help childless couples get babies which they could call their own. At 
another, it breeds children as new wares for sale for the purpose of trafficking, monetary 
gains, illegal adoption, black magic and rituals. Yet at another instance, it is a hiding place 
for unwanted pregnancies in order to protect the expectant mothers from social ridicule, 
stigma and psychological trauma” (p. 12). In all three faces, baby factory is a cover-up for 
immorality. It is an avenue for indulging in women exploitation (Nwaka & Akachi, 2019), 
infant trafficking (Owolabi, 2017) child abuse, physical, psychological, and sexual 
violence.

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Appalled by such condemnable and illicit approaches to parentage, this paper upholds 
that black market reproductive practice denies the victim children certain fundamental 
rights such as the right to identity of origin. It also commodifies children, and demeans 
parenthood and procreation among other moral ills. To dissuade patrons from this vice 
and re-channel their orientation towards assisted reproduction as a reasonable and ethical 
alternative of actualising their desires, we advance three arguments on the viability of 
assisted reproduction.

Three philosophical arguments in support of assisted reproduction
Fletcherian Endorsement of Assisted Reproduction.
Reflecting on the agony of childlessness, Joseph Fletcher outlines four options available 
for the victims of this existential condition:

(1) they may submit to a life of barren love, a so-called natural calamity over which 
they have no right to exert any control or adopt any means to overcome it;

(2) they may outwit the frustration by resorting to illicit ( i.e., extra-marital 
conception by adultery);

(3) they may achieve partial compensation through the adoption of someone else's 
baby;

(4) they may turn to medical care for artificial insemination…( 1969, p.102).

The first option could lead to frustration and psychological trauma. The second option is 
flawed by its immoral implications and complications for the born child. The third is 
reasonable if the adoption is legally implemented, but may not be fully gratifying to 
victims of infertility. The fourth is quite exciting since the baby is biologically linked to 
the parent. Indeed, Fletcher's fourth option represents the advancement in reproductive 
technologies such as in vitro fertilization, therapeutic insemination, and surrogacy. 
Fletcher is writing prior to the revolutions in biotechnologies. In his spectacular book, 
Morals and Medicine (1969), Fletcher embarks on a quest to present assisted 
reproduction as a welcome alternative to natural conception.

Fletcher's disposition is not surprising given his ethical theory of situationism. 
Accordingly, no action is intrinsically good or bad, it is the situation in which the action is 
performed that is the determining factor. Thus, an action, considered to be good in one 
situation, might turn out to be bad in another situation. Where victims of barrenness are 
frustrated, their situation can warrant them finding succour in artificial insemination. The 
question now is whether baby theft and patronage of baby factory are equally justifiable 
on the ground of situationism. Fletcher's application of the concept of “love” to 
situationism helps in resolving this dilemma. Fletcher (1969) avers that love is the only 
absolute norm on which situationism is anchored. Thus, acting for love in all situations 
whether good or bad is binding on everyone. He also adds that we cannot claim to love and 
be unjust at the same time. To love someone requires that we must not be unjust to that 
person. The choice of artificial insemination by victims of barrenness is argued here to be 
justified by these victims' love for humanity and its continuous existence. This is not 
applicable to baby factory phenomenon where all sorts of injustice like child theft, child 
abuse, and rape are perpetrated against humanity.  

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The Utilitarian justification of assisted reproduction
Reproduction is not only considered as one of the positive consequences of and the 
anticipated end of marriage, it is also viewed as a source of married couple's happiness 
and fulfilment. Utilitarianism as a philosophical doctrine advocates that humans should 
engage in actions that will promote their happiness and refrain from those that will lead to 
pain. Pain and pleasure are two moral sovereign masters that naturally govern human 
behavioural dispositions. However, humans are morally inclined to pleasure-giving 
actions (Bentham, 2018). As earlier discussed, infertility and barrenness are painful 
occurrences among married couples, hence assisted reproduction will be welcomed as the 
instrument of fulfilment and pleasure. 

One of the cardinal features of utilitarianism is that it considers actions to be morally 
justifiable in terms of the proportion of happiness they promote in everyone concerned or 
the greatest number of people possible. The quest for human continuity through 
reproduction (Meilaender, 2013; DeGrazia, 2012) may end up being disrupted by 
bareness and infertility which subsequently lead to human pain and anxiety. On this count 
assisted reproduction will be a source of happiness for humanity by offering aid for the 
sustenance of human desire for procreation.  In African communities, procreation is a 
source of joy not just to the married couple but the entire members of the community. 
Similarly, childlessness by any couple is a source of concern and sadness to every 
member. Assisted reproduction is thus viewed as a utility for community happiness. 

Indeed, the argument may be advanced that child theft and baby factory may also yield 
similar pleasure and happiness since the objective is for couples to have a baby. If this 
argument is farfetched the utilitarian argument will appear self-defeating. One of the 
progenitors of the utilitarian theory, John Stuart Mill, clears the air on this issue. He points 
out that utilitarianism is not concerned with the agent's happiness alone but with everyone 
concerned. He advises that doers of action should be considerate of others' happiness in 
whatever they do (Miller, 2010). Couples that engage in child theft and baby factory are 
inadvertently promoting pain through their action. Note that parents whose children are 
stolen are already agonizing over their loss. One may be quick to ask the question of 
whether assisted reproduction in itself promotes any form of pain to anyone whatsoever. 
The difficulty in offering any pain-related argument against assisted reproduction is in 
fact the strength of offering it as a utilitarian solution to childlessness and barrenness. At 
this point, we want to reiterate that child theft and baby factory phenomena are in 
themselves immoral. They are the source of pain for those affected. Besides, we must not 
misconstrue child theft and baby factory syndrome as child adoption. The latter is 
achieved through moral and legal means while the former is participation in morally 
reprehensible deeds. 

The Kantian justification of assisted reproduction
Although the utilitarian argument in support of assisted reproduction believes that, 
anyone who benefits from procreative assistance in order to conquer the pains of 
barrenness and infertility will be happy, the emerging question is whether such assistance 
can be rendered as a universal moral action. Patrons of baby factories may for instance see 

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baby-buying as an immediate solution to their childless agony, but will they be willing to 
justify the patronage of such factories as a universally acceptable moral solution to 
childlessness? Immanuel Kant's moral theory clarifies this matter with his principle of 
universalization. Accordingly, in any moral situation, a moral agent can justify any action 
he intends to take once he considers such action desirable if everyone in a similar situation 
performs the same action (Wood, 1999). Will the moral agent be ready to will the action to 
become a universally acceptable action? Can we for instance will that the setting up and 
the patronage of baby factories become universally acceptable action? Definitely not 
since these two actions are inherently morally unacceptable. However, this will not 
suffice for assisted reproduction. We can easily will assisted reproduction to become a 
universally desirable action without getting entangled with any moral dilemma or 
contradiction.

One noble attraction of assisted reproduction is that moral agents can morally justify their 
participation in it as a call to duty for the promotion of human continuity. Following the 
Kantian argument that an action has moral worth if it is performed for the sake of duty, the 
exploration of assisted reproduction, after a long futile application of natural efforts to 
end barrenness and infertility, may be reinforced by the will to satisfy the duty to ensure 
human immortality. Assisted reproduction is thus seen as a goodwill exercise for 
promoting human continual existence. A culture that is desirous of promoting human 
continuity but denigrates assisted reproduction is unquestionably engaging in self-
contradiction.

Recommendations. 
Following our discussion on the need to reject baby factory and choose assisted 
reproduction in overcoming the problem of infertility and barrenness, we recommend the 
following;

i. Assisted reproduction should be celebrated and embraced by everyone as a 
landmark achievement in human medical history and practice.

ii. Researchers in modern medicine should be encouraged to deepen the research 
in assisted reproduction, hence government and concerned stakeholders 
should invest in this direction.

iii. Government should do more in clamping down on baby factories and putting 
in place proper legislation that will discourage their operation.

iv. There is an urgent need to address people's negative reactions to and treatment 
of victims of infertility and barrenness. Similarly, cultural disdain for these 
victims needs urgent revision given the current reality.

v. Vigorous public sensitisation should be carried out by the government on the 
critical benefits of assisted reproduction and the need to shun baby factories.

vi. Philosophers should not cease in their effort to cast a critical light on both 
assisted reproduction and baby factories.

Conclusion
In different parts of the world, victims of infertility and barrenness have been 
experiencing different forms of mental torture due to stigmatization and feeling of human 
incompleteness. Nevertheless, it is inhumane to engage in baby trading in order to solve 

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the problem. The paper has reflected on such a choice and condemned it on moral 
grounds. Indeed, the breakthrough in medical research on assisted reproduction has 
brought so much joy to many. Affected couples now have arrays of assisted reproductive 
technologies to choose from depending on their dispositions. The concern of the paper is 
the issue of proper sensitisation and orientation of the public on this subject hence its 
philosophical drive to justify assisted reproduction.

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