Surrogacy Laws in Ghana
Understanding the legal framework for surrogacy and assisted reproductive services in Ghana
Registration of Births and Deaths Act, 2020 (Act 1027)
On 6th October 2020, Ghana's President assented to the Registration of Births and Deaths Act, 2020 (Act 1027) effectively bringing the law into force. The law aims to, amongst others, provide for the registration of births, foetal deaths, and death in the country.
What is not obvious from the long title of the Act is the law's incursion into the area of surrogacy, and other assisted reproductive birth issues. With the passage of the Act, the law recognises the right of an intended parent (i.e., a person who desires to be a parent through surrogacy or any other assisted reproductive arrangement) to engage the services of a surrogate for that purpose.
Bringing Your Baby Back to Your Country
We provide comprehensive legal support to help you navigate the process
Legal Process Timeline
Start Legal Process
Begin at least 2 months before baby is due
Contract & Documentation
Sign contract with surrogate, prepare all paperwork
Embassy Coordination
Schedule appointment, complete DNA testing
Passport Issuance
Receive passport and travel documents
Legal Services Available
- Contract between intended parents and surrogate
- Immediate registration of the baby after birth
- Coordination of all paperwork with Embassy in Accra
- Passport issuance for the baby
Timeline & Process
Recommended Start Time:
We suggest you start the legal process at least two months before the baby is due.
Important: If you start later, you may experience a 2 to 3-week delay getting an appointment at the Embassy, getting the DNA test done to verify paternity, etc.
Legal Costs
Legal costs are typically about $500 for legal fees plus any fees the Embassy charges for issuing the passport and DNA Testing.
Parentage and Maternity
Post-birth Court Decree Process
Legal Process Flow
Within 12 Weeks
Apply for Pre-Parental Order at High Court
Court Review
High Court issues Pre-Birth Parental Order
Within 28 Weeks
Birth must occur within 28 weeks of court order
Pre-Parental Order Application
The first step in complying with the law is to obtain a Pre-Parental Order at the High Court. The application for the Pre-Parental Order must be made within 12 weeks after the introduction of an embryo or gamete into the surrogate mother.
The order when granted would allow the intended parent or the surrogate mother (or both of them) to be named as the parent of a child. It is important that the birth must occur within twenty-eight weeks of the order of the High Court.
Pre-Birth Parental Order
Once the court is satisfied with the existence of the surrogacy and the issue of parentage, the High Court shall issue the Pre-Birth Parental Order. The Pre-Birth Parental Order must name the legal parent of the unborn child.
A copy of the order will be given to:
- The District Registrar of the district in which the child will be born
- The intended parent
- The surrogate mother
- The hospital where the child is born (if the birth occurs in a hospital)
Important Legal Note
In the absence of a Pre-Birth Parental Order, the child will not be recognized as that of the intended parents. Rather, the surrogate mother is named as the mother of the child.
Need Legal Assistance?
Our local attorney is available to help you with all legal work, from contracts to passport issuance. Contact us to learn more about our legal services.