Addressing the Legal Challenges of Unregulated Surrogacy in Ghana

Abstract

This article examines the legal and ethical issues posed by unregulated surrogacy in Ghana. Surrogacy is an arrangement where a woman (the surrogate) carries and delivers a child for an intended parent or parents. The egg and sperm used may originate from the intended parent(s), or may be obtained by donation or purchase. The article highlights the potential legal and ethical complications arising from the absence of comprehensive legislation governing such arrangements. The core problem is the lack of legal frameworks to address parentage, rights, and responsibilities in scenarios involving donated gametes and surrogate motherhood. This deficiency leaves children, intended parents, and surrogates vulnerable to disputes, exploitation, and legal ambiguity.

The article explores the complexities of surrogacy, including instances where intended parents utilize donated eggs or sperm, or where same-sex couples seek parenthood. It emphasizes the risk of parental repudiation due to a lack of biological connection, a scenario with severe consequences for the child’s wellbeing. By comparing surrogacy regulations in other jurisdictions, the study underscores the urgent need for Ghana to enact specific laws. Key findings reveal that Ghana’s current legal framework only addresses birth certificate modifications through High Court orders, leaving broader surrogacy issues unaddressed. The article concludes that the absence of dedicated legislation creates a legal vacuum, necessitating the immediate development and implementation of comprehensive surrogacy laws to protect all parties involved.

Keywords: surrogacy regulation; assisted reproductive technology; Ghana; reproductive tourism; the Casablanca Declaration; commodification of children; Ghanaian law.