May, 2026

Surrogacy is increasingly becoming part of how families are formed today. For individuals and couples who are unable to conceive or carry a pregnancy, it offers a practical and deeply meaningful path to parenthood.

However, while the medical process is often well understood, the legal position in Ghana is far less clear, and this is where many intended parents face uncertainty.

This article explains, in simple terms, what intended parents should know before starting a surrogacy journey in Ghana.

What Does Ghanaian Law Say about Surrogacy?

The main law that currently touches on surrogacy is the Registration of Births and Deaths Act, 2020 (Act 1027). While it does not provide a complete framework, it does recognise surrogacy and sets out how legal parenthood can be transferred.

Under the Act:

• A surrogate mother is a woman who carries a pregnancy for another person with the intention of handing over the child after birth.
• An intended parent is the person (or persons) who plan to assume parental responsibility once the child is born.

Importantly, the law does not distinguish between:

• Traditional surrogacy (where the surrogate is also the genetic mother), and
• Gestational surrogacy (where the surrogate has no genetic link to the child).

Key Legal Reality: The Birth Mother Is the Legal Mother

Even though surrogacy is recognised, Ghanaian law still follows a traditional rule:

The woman who gives birth to the child is the legal mother at birth.

This means that, until a court says otherwise, the intended parents have no legal rights over the child, even if they are the biological parents.

For intended parents, this is one of the most important risks to understand.

How Do Intended Parents Become the Legal Parents?

To gain legal recognition, intended parents must apply to the High Court for a parental order.

A parental order:

• Transfers legal parenthood from the surrogate to the intended parents
• Ends the surrogate’s legal rights and responsibilities
• Gives full parental rights to the intended parents

The court will only grant the order if:

• The surrogate has given valid and informed consent, and
• The arrangement is in the best interests of the child

When Can You Apply for a Parental Order?

There are two available routes:

1. Before Birth (Pre-birth application)

• Must be made within 12 weeks after pregnancy is confirmed
• If granted, the court confirms in advance that the intended parents will be recognised as the legal parents upon birth
• The child’s birth can be registered directly in the names of the intended parents

Why this matters: This route is highly recommended as it reduces uncertainty immediately after birth and provides greater peace of mind.

2. After Birth (Post-birth application)

• Must be made between 28 days and 6 months after birth
• The court reviews the application in the same way it would adoption proceedings before transferring parenthood

Important caution: The treatment of post-birth applications like adoption proceedings means that:

• Age restrictions for adoptive parents may apply
• Some intended parents may not qualify

In both situations, the court’s primary concern is to ensure that proper consent has been given and that the best interests of the child are protected. Once a parental order is granted, it has a clear legal effect, the surrogate mother ceases to be the legal parent, and full parental rights pass to the intended parents.

Registration and Legal Identity

After a parental order is granted, the intended parents must update the child’s details at the Births and Deaths Registry. This step is critical because it ensures the child can access Nationality, Inheritance rights, Healthcare, Education, etc.

Key Legal Gaps Intended Parents Should Consider

While Act 1027 is a useful starting point, it leaves several important issues unresolved:

Payment to surrogates: A major gap is the absence of a clear position on commercial surrogacy. The law does not state whether a surrogate may receive compensation beyond reasonable expenses. This creates uncertainty around financial arrangements.

Rights and obligations during pregnancy: There is no clear legal guidance on the rights of the surrogate regarding medical decisions to be taken during the pregnancy, who bears responsibility for her medical expenses, and what happens in the event of complications.

Breakdown of the arrangement: the law does not address situations where the surrogate refuses to relinquish the child or where intended parents withdraw support for children born with defects.

Why a Written Surrogacy Agreement Is Essential

Because the law does not address many practical aspects of surrogacy, a well-drafted surrogacy agreement is critical. Such an agreement should clearly cover:

• Financial arrangements and responsibilities
• Medical care and decision-making
• Expectations during pregnancy
• What happens if complications arise
• Dispute resolution mechanisms

While not a substitute for a parental order, a clear agreement helps reduce uncertainty and manage risk such the surrogate’s refusal to continue with arrangement, change of intended parents’ circumstances, where the child is born with medical complications. Addressing these issues upfront can prevent disputes later.

What to Expect: Practical Checklist, Costs and Timeline:

Before starting a surrogacy journey in Ghana, intended parents should ►seek legal advice early, ►engage a reputable surrogacy agency, ►enter into a written surrogacy agreement, ►clarify all financial responsibilities upfront, ►plan for medical contingencies, ►consider counselling or psychological support, ►apply for a parental order as early as possible (preferably pre-birth).

While costs vary depending on individual circumstances, intended parents should plan for ►fertility treatment (including IVF), ►antenatal and delivery care, ►legal fees for drafting agreements and court applications, ►support and reasonable expenses for the surrogate

In terms of timing, the medical process may take several months, court applications for parental orders can take additional time depending on court schedules and registration of the child follows once the order is granted. For cross-border surrogacy, additional time needed to obtain the travel documentation for the child should be considered. Early planning can significantly reduce delays and uncertainty.

The Assisted Reproductive Technologies Bill, 2021

There are indications that policymakers recognise the current gaps. The proposed Assisted Reproductive Technologies Bill, 2021 aims to introduce a more comprehensive framework for assisted reproduction, including surrogacy.

However, the Bill is still under consideration and has not yet been passed into law.

Conclusion

Surrogacy in Ghana is legally possible, but it operates within a limited and evolving legal framework. The most important takeaway for intended parents is this:

Without a parental order, you are not the legal parents; even if the child is biologically yours.

Given the legal uncertainties, careful planning, proper documentation, and early legal guidance are essential. Taking these steps at the outset can make the journey to parenthood smoother, more secure, and far less uncertain.