Legal
Here’s everything you need to know about surrogacy laws in Ghana
Surrogacy Laws in Ghana
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. This Q&A sets some of the key provisions contained in the Act dealing with 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.
So how do I bring my Baby back to my country?
We have a local attorney available who will help you with all legal work to the services will include a contract between the intended parents and the surrogate as well as registering the baby immediately after birth. Legal services include coordinating all paperwork with Embassy in Accra and getting a passport issued for the baby.
We suggest you start the legal process at least two months before the baby is due. Otherwise you may have a 2 to 3-week delay getting an appointment at the Embassy, getting the DNA test done to verify paternity, etc.
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
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.
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. And a copy of the order will be given to the a District Registrar of the district in which the child will be born; the intended parent; the surrogate mother; and the hospital where the child is born (if the birth occurs in a hospital)
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.
Find Us Here
We Are Ready To Talk
Reach out to us today with your questions and let us guide you through every step of this life-changing process. Your journey with us could be the beginning of a wonderful new chapter for everyone involved. Contact us now to start the conversation.
