🕒 Last updated: December 16, 2025
Why you Must Hire a Specialised Surrogacy Lawyer in Ghana for your Surrogacy
International surrogacy arrangements have become increasingly popular. Intended parents are travelling from their home countries to pursue commercial surrogacy in nations where the practice is either legal or unregulated but flourishing. Given the complex legal landscape, many prospective parents also seek the guidance of a surrogacy lawyer in Ghana to navigate these arrangements.
International surrogacy arrangements may have potential pitfalls. Issues could range from recognition of parentage, lack of procedures for registration of births, and absence of explicit rules regulating the practice in the country where the surrogacy is to be performed.
For a child born via surrogacy in a country different from that of their IPs, birth registration will depend on the domestic laws in the country of birth. The problem arises where the birth certificate does not record the intended parents, or where the local authorities refuse to register the birth. Such a situation may leave the child in a precarious position.
The initial assessment.
Given these challenges, a proven reproductive law attorney is one of the first professionals you must consult before embarking on your surrogacy journey. You must do this early on to have someone dedicated exclusively to protecting your best interests. Before making your choice, make sure to choose someone who has an amount of experience in the field of assisted reproductive law, including surrogacy laws.
This area of the law is a niche area in which some attorneys focus exclusively. This is why there is a need for hiring a specialised surrogacy lawyer in Ghana for such cases and issues. You would be best served by someone who focuses exclusively on this type of law. An experienced surrogacy lawyer in Ghana will help you to identify issues to consider before embarking on your journey. They will also help you understand the overall legal landscape of surrogacy and the choices you need to make. I have outlined below the scope of work and instructions that may govern the working relationship with your attorney.
Advice on the legal framework regarding surrogacy arrangements
The first step in a surrogacy journey is to know the legal rules governing the practice in the birth country. There is a need to establish whether surrogacy is allowed in the jurisdiction. If the practice is allowed, you must be aware of all rules on eligibility, rules on transfer of parentage, surrogate’s compensation, and procedures for the registration of births with the local authorities.
Advise on rules regarding legal parentage and the transfer of parentage
It is important to have a clear view of the legal status of the birth mother and its impact on the transfer of parentage. In Ghana, the legal presumption is that the legal mother of the child is the person who gave birth to the child. In the absence of a court order naming another person as the parent of the child, the birth mother is presumed to be the legal mother of the child, and is thus entitled to be registered as such. The attorney may counsel you on how to obtain parental orders and any potential issues that may hamper the transfer of parentage.
Advise on the nationality laws that apply to a child at birth and the relevant rules that regulate registration of births.
A child born through surrogacy may obtain multiple nationalities by operation of law. Others may be deprived of nationality due to a conflicting state of. For a child born via surrogacy in a country different to that of the intended parents, birth registration will depend on the nationality laws in the country of birth. It is therefore important to have a local attorney counsel you on the procedures for registration of births, the conditions under which an intended parent may be named on the child’s birth certificate, and domestic laws regarding recognition of legal parentage and transfer of parentage rights.
Advice on options for singles and same-sex couples as regards their eligibility to pursue surrogacy.
Some countries have laws prohibiting certain persons from accessing surrogacy. For example, the laws of certain countries prohibit single persons or persons in same-sex marriages from accessing surrogacy. It is therefore important for a single parent or persons in same-sex marriages to understand the impact of any exclusionary laws that may prohibit them from accessing surrogacy in a proposed country. A local attorney may advise on potential options to navigate any exclusionary or prohibitive laws. It is important to know exactly from the outset whether the proposed arrangement would be recognised by the authorities in the birth country, and if so, whether they will register the birth and issue birth certificates.
Assist with writing surrogacy contracts or reviewing one.
Intended parents engaging with a surrogate will be required to enter into a written legal agreement on matters where jurisdiction is involved. Both parties will have their own attorney to review the draft agreement and make necessary changes. One of the most important tasks for a surrogate attorney is the writing or reviewing of a surrogacy contract. You must consult with a specialised surrogate lawyer to draw up a contract or to review the contract, if an agency or the other party’s lawyer presents you with one.
It is the work of the attorney to ensure the insertion of key clauses that effectively protect their client. This allows the contract to stand up to scrutiny before the courts and other state authorities. The attorney must ensure that key provisions like reasonable restrictions on the surrogate’s lifestyle and decision-making authority, the surrogate’s compensation, access to independent legal advice, the giving of voluntary and informed consent, are clearly and sufficiently stated in the contract.
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Apply for parentage orders
It is the expectation of an IP to have their names entered on the child’s birth certificate, and to have parentage transferred to them and documented by the authorities in the birth country. A parentage order is a document issued by a court naming another person as the legal parent of the child rather than the surrogate who gave birth to the child.
Applications for parentage orders are generally time-barred. In Ghana, applications for prebirth orders must be made within 12 weeks after the introduction of the gamete. For post-birth orders, the timeline is within 6 months after birth. The attorney must provide clear and adequate information about timelines for the application, as late applications create needless and unnecessary delays, and complicate efforts to take the child to the IP’s home country promptly.
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A local surrogacy lawyer in Ghana would be well placed to advise on the formalities and documentation required to apply for parentage orders. This allows the client to collect all relevant documentation in time for the application. In Ghana, the law requires a copy of the order to be served on certain institutions and state authorities to facilitate the acquisition and recognition of exit documents and the transfer of parentage rights. It is therefore important to be abreast with the appropriate regulatory regime governing the making of the parental order application.
It is equally important to have a clear view of the distinction between pre-birth and post-birth parental orders, and the rules governing each application. Legal counsel must be able to advise on the nature and characteristics of each order in relation to the nationality laws governing the recognition of parentage orders in the IP’s country.
Advise on appropriate documentation to prove the surrogate gave free and informed consent.
Local counsel must be able to advise or ensure that the IP and the surrogate have appropriate documentation showing that the surrogate had informed consent before signing the contract. Though surrogate contracts have provisions stating that the parties received independent legal advice, that alone may be insufficient to dislodge concerns that the surrogate did not receive informed advice.
The attorney must advise on the processes to obtain appropriate documentation proving that the surrogate gave informed consent. The production of this document may rebut allegations or suspicions that the surrogate did not receive full and independent advice before signing the agreement.
Provide legal counselling on the ramifications of the contract
A local surrogacy lawyer in Ghana will provide legal counselling to adequately inform a party of the terms of the contract, including the assumption of any risks by the surrogate. This allows the surrogate to make informed decisions before proceeding with the arrangement. It also allows an understanding of the legal and personal consequences of the arrangement, including consequences associated with the agreement not proceeding as intended, where either the surrogate refuses to relinquish the child or the intended parent refuses to take the child.
To ensure that a party makes informed decision, the legal advice must involve both verbal and written explanation regarding the nature and effect of the agreement, the legal consequences of entering into the agreement, the nature of payments permitted by the agreement, the calculation of amounts payable and the timing of amounts payable, the parties’ rights regarding termination of the agreement before and after birth of the child, and the legal presumption regarding parental care and the transfer of parental rights.
Request for a Review/Preparation of Surrogacy Contract in Ghana
Conclusion
We have outlined the key reasons to hire a surrogacy lawyer in Ghana for your surrogacy in Ghana. The idea is to let you have a panoramic viewpoint of all possible issues and potential outcomes based on a clear understanding of relevant domestic laws and how they may impact your surrogacy arrangement. This can save you enormous time, resources, and prevent other issue that could stand in the way of getting your child to your home country.
Disclaimer:
The information provided in this article is prepared with care and is intended for general educational purposes only. It is not a substitute for tailored legal advice. Each legal matter is unique, and the application of the law can vary depending on your circumstances and jurisdiction. For guidance on your specific situation, please consult a qualified lawyer who specializes in the relevant area of law. Acheampong & Associates is not responsible for any decisions or actions taken based solely on the content of this article without proper legal consultation.
Founded in 2015, Acheampong & Associates is a Ghana-based law firm specializing in Immigration, Corporate, Family, Real Estate, and Surrogacy Law. For over half a decade, we have delivered client-focused legal solutions, with a strong niche in world-class immigration, corporate and family services for individuals and organizations. Our team has the expertise and resources to help clients navigate complex legal requirements with confidence and ease.
