Surrogacy is a method of assisted reproduction where an individual agrees to carry and give birth to a child for another person or couple. In Ghana, the legal framework surrounding surrogacy and other forms of assisted reproduction is outlined in the Registration of Births and Deaths Act, 2020 (Act 1027).

Surrogacy allows an intended parent in Ghana to engage the services of a surrogate to have a child. This process involves the introduction of an embryo or gamete into the surrogate mother.

Within twelve weeks after introducing an embryo or gamete into the surrogate, the intended parent can apply to the High Court for a pre-birth parental order. This order allows either the intended parent, the surrogate mother, or both parents of the child to be named as the parent(s) of a child born through surrogacy or any other assisted reproductive birth. The birth should occur within twenty-eight weeks of the order of the High Court.

If the High Court is convinced of the evidence of parentage and the existence of a surrogacy agreement, it will issue a pre-birth parental order naming the legal parent of the unborn child. Copies of this order are provided to the District Registrar of the district where the child will be born, the intended parent, the surrogate mother, and the hospital where the birth will take place (if applicable).

In the absence of a High Court order naming another person as the mother, the woman who gives birth to the child will be registered as the mother. She has the right to register the child and inform the Registration Officer in the district of the child’s name, the father’s name, and any other required information.

If a child is already born, the intended parent or surrogate mother can apply to the High Court for a post-birth parental or substitute parentage order. If approved, the High Court will issue an order naming the intended parent or surrogate mother as the legal parent of the child.

The Act emphasizes the confidentiality of information. It prohibits unauthorized communication or access to any record containing information obtained under the Act, except in accordance with the law.

The Act also highlights the push towards modernization, mentioning that the Registry should ensure that births are registered electronically as far as practicable.

In cases where the paternity of a child is in doubt, the putative father cannot provide information concerning the birth. The District Registrar will not enter the name of a person as the father of the child unless there’s a joint request from the mother and the person claiming to be the father.

In conclusion, Ghana’s Registration of Births and Deaths Act, 2020 (ACT 1027) provides a comprehensive framework for the registration of births, including those resulting from surrogacy and other assisted reproductive methods. It ensures that the rights of all parties involved, especially the child, are protected and that the process is transparent and legally binding.