Ghana has a surrogacy law, but… - Supreme Court Justice

Ghana has taken a significant step towards recognising surrogacy under the law, but a comprehensive regulatory framework is still needed to address the legal and ethical issues surrounding the practice, Supreme Court Justice Dennis Dominic Adjei has said.

Speaking at a meeting of the International Association of Women Judges (IAWJ), Ghana Chapter, in Accra, Justice Adjei said Sections 22 and 48 of the Registration of Births and Deaths Act, 2020 (Act 1027), expressly recognise surrogacy, making it inaccurate to describe the practice as entirely unregulated in the country.

The meeting was held under the theme, “The after-birth legal conundrum: citizenship, succession, and legal implication of surrogate birth in Ghana.”

Justice Adjei, who also serves as a Justice of the African Court on Human and Peoples’ Rights, explained that surrogacy allows an intended parent to engage another woman to carry a pregnancy.

He said 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. It 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,” Justice Adjei stated.

However, he 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.

"What Parliament has done is to move us from legal invisibility to statutory recognition. We have not yet completed the journey from recognition to comprehensive regulation," he stated.

Justice Adjei identified several unresolved issues, including eligibility requirements for surrogate mothers, the independent legal advice and counselling they should receive, 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 enforceability of contractual provisions relating to the termination of pregnancy and selective reduction, he added, also requires careful consideration.

"Reproductive technology moves faster than the legal categories through which society understands family. Biology has ceased to give law one uncomplicated answer," Justice Adjei said.

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.

Meanwhile, the President of the IAWJ Ghana Chapter, Justice Rita Agyeman-Budu, explained that the association was established in 2010 as part of a global network of women judges.

“Our vision is increasing the number of women judges and promoting equal justice for women and girls throughout Ghana,” Justice Agyeman-Budu stated.

She said discrimination against women and girls remained a concern in societies worldwide, manifesting through discriminatory laws and the biased application of existing legal provisions.

“As such, judicial systems fall short of ensuring women’s equal access to justice. A vital remedy, embraced by the IAWJ, is 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, Justice Agyeman-Budu.

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