Ghana has taken a significant step towards recognizing surrogacy under the law, with Supreme Court Justice Dennis Dominic Adjei stating that Sections 22 and 48 of the Registration of Births and Deaths Act, 2020 (Act 1027), expressly recognize surrogacy. This development makes it inaccurate to describe the practice as entirely unregulated in the country. The law permits applications to the High Court for a pre-birth parental order within 12 weeks after the introduction of an embryo or gamete.
According to Justice Adjei, surrogacy allows an intended parent to engage another woman to carry a pregnancy. The law also provides for post-birth substitute parentage orders, which must be lodged between 28 days and six months after delivery. Upon issuance of a substitute order, the District Registrar strikes out the original record where the birth mother was registered and creates a new record reflecting the intended parentage. The original record is preserved confidentially and becomes accessible to the child at age 21.
However, Justice Adjei cautioned that the provisions in Act 1027, which is primarily a registration statute, represent an initial legal response rather than a complete regulatory system for surrogacy. He stated that Parliament has moved Ghana from legal invisibility to statutory recognition, but a comprehensive regulatory framework is still needed to address the legal and ethical issues surrounding the practice.
Justice Adjei identified several unresolved issues, including eligibility requirements for surrogate mothers, independent legal advice and counselling, permissible compensation, and the regulation of surrogacy agencies and fertility clinics. He also raised questions about the maintenance of donor records and the legal consequences when intended parents die, separate or reject a child born with a disability.
The Supreme Court judge cited empirical evidence from qualitative studies conducted in 2025 and 2026 documenting compensated surrogacy arrangements in Ghana through private agencies in Accra. He called for the enactment of a comprehensive Assisted Reproductive Technology and Surrogacy Act to establish a regulatory authority, set entry requirements, protect informed consent, determine an appropriate compensation model, and clarify the enforceability of surrogacy contracts.
The President of the International Association of Women Judges (IAWJ) Ghana Chapter, Justice Rita Agyeman-Budu, explained that the association was established in 2010 as part of a global network of women judges. The association's vision is to increase the number of women judges and promote equal justice for women and girls throughout Ghana.
Justice Agyeman-Budu stated that discrimination against women and girls remained a concern in societies worldwide, manifesting through discriminatory laws and the biased application of existing legal provisions. The IAWJ aims to promote and empower women judges who can help uproot gender bias, end discriminatory laws, advance gender-responsive courts, and promote human rights for all.
Key points
- A comprehensive regulatory framework is still needed to address the legal and ethical issues surrounding surrogacy in Ghana.
- The law permits applications to the High Court for a pre-birth parental order within 12 weeks after the introduction of an embryo or gamete.
- The IAWJ aims to promote and empower women judges to uproot gender bias and promote human rights for all.
