Legal information
Surrogacy laws in Ghana
Understanding the legal framework for surrogacy and assisted reproductive services in Ghana, and the steps that protect your parentage.
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), bringing the law into force. The Act provides, among other things, for the registration of births, foetal deaths and deaths in the country.
What is not obvious from the long title is the law’s incursion into surrogacy and other assisted reproductive birth issues. With the passage of the Act, the law recognises the right of an intended parent, meaning a person who wishes to become a parent through surrogacy or another assisted reproductive arrangement, to engage the services of a surrogate for that purpose.
Pending legislation
The Assisted Reproductive Technology Bill, 2024
Ghana does not yet have a single statute dedicated to surrogacy. A draft Assisted Reproductive Technology Bill has been before legislators since 2024 and remains under active debate, with practitioners publicly calling for revisions before it is enacted.
Three points in the current draft matter to anyone planning a surrogacy now. Section 48(1) limits surrogacy to a “couple” without defining the term, which leaves the position of single intended parents unclear. The draft does not state plainly whether surrogacy agreements are legally enforceable, or what happens if a party withdraws before birth or before a parental order is made. And it contemplates limits separating the reimbursement of expenses from commercial payment.
None of this is law today, and the text may change before it is. We mention it because a surrogacy runs for a year or more, and you are entitled to know what is moving in the background. We will update this page as the Bill progresses.
Parentage & maternity
The court process that makes you the legal parent
This is the part that matters most, and the part that goes wrong when it is left late.
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 must be made within 12 weeks after the introduction of an embryo or gamete into the surrogate mother.
When granted, the order allows the intended parent or the surrogate mother, or both, to be named as the parent of the child. The birth must occur within 28 weeks of the order.
Pre-Birth Parental Order
Once the court is satisfied as to the existence of the surrogacy and the question of parentage, the High Court issues the Pre-Birth Parental Order, which names the legal parent of the unborn child.
A copy of the order goes to:
- The District Registrar of the district where 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
In the absence of a Pre-Birth Parental Order, the child will not be recognised as that of the intended parents. The surrogate mother is named as the mother of the child instead. This is the single most important reason to start the legal process early rather than late.
Bringing your baby home
Travel, embassy and passport
For international intended parents, this runs alongside the parentage process and needs the same early start.
The steps
- 1Start the legal processAt least two months before the baby is due.
- 2Contract and documentationSign the agreement with your surrogate and prepare all paperwork.
- 3Embassy coordinationSchedule the appointment and complete DNA testing.
- 4Passport issuanceReceive the passport and travel documents.
Legal services we arrange
- Contract between intended parents and surrogate
- Immediate registration of the baby after birth
- Coordination of all paperwork with your Embassy in Accra
- Passport issuance for the baby
Timing and costs
Start at least two months before the due date. Starting later can mean a two to three week delay getting an Embassy appointment and completing the DNA test to verify paternity.
Legal costs are typically around US$500 in legal fees, plus whatever your Embassy charges for the passport and the DNA testing.
This page is general information about Ghanaian law, not legal advice. Your home country’s rules on recognising parentage and issuing travel documents apply alongside Ghana’s, and they vary a great deal. Speak to a family lawyer in your own country who has handled international surrogacy before you commit to anything.
Need legal assistance?
Our local attorney handles the legal work, from contracts through to passport issuance. Get in touch to talk through what your situation needs.