🕒 Last updated: December 16, 2025
An intended parent (IP) engaging with a surrogacy contract in Ghana may be required to enter into a written legal agreement no matter what jurisdiction is involved. Both parties will have their attorneys review the draft agreement and make necessary changes.
Once the terms are finalised, the parties will sign the agreement with their respective witnesses, and by doing so, bind themselves to the provisions of the contract.Ghana does not have specific legislation governing surrogacy contracts.
This article, attempts to draw on best practices elsewhere and argues for the insertion of standard clauses for a surrogacy contract in Ghana.
The contract must be in writing.
A surrogate contract in Ghana must be in writing, signed by all the parties. The contract must be witnessed by at least one adult. The requirement for the contract to be signed and witnessed provides reasonable certainty and predictability while offering the needed protection to the contracting parties.
The contract must be signed before conception.
A surrogacy contract in Ghana must be signed before conception. In other words, the contract must be signed before the embryo or gamete is transferred into the ovum of the surrogate. There are sound policy reasons for this requirement.
One, it allows the surrogate to understand the legal and psychological implications of her obligations before signing the contract. Signing the contract after conception means that the surrogate assumes all risks and losses without having had the opportunity to assess their implications.
Two, signing the contract before conception underscores the principle that the contract is revocable at any time before pregnancy. This means that the surrogate may rescind the contract any time after signing until actual pregnancy occurs.
Restrictions on the surrogate’s autonomy.
The contract must have provisions imposing reasonable restrictions on the surrogate. for the duration of the pregnancy. Examples include abstinence from smoking, alcohol consumption, and drugs, a requirement that the surrogate take pregnancy vitamins or other medications as prescribed or recommended by the medical practitioner, taking a balanced diet, undertaking regular recommended exercise and undergoing certain prenatal screening or procedures.
The contract, however, may not deny the surrogate the right to make decisions to safeguard her health or the health of the fetus she is carrying. For this reason, the IP is not permitted to influence the surrogate’s preference for giving birth or significantly restrain or manipulate her other lifestyle choices before, during or after the pregnancy. One writer noted as follows:
“When the surrogate signs the contract, she agrees to perform certain specific duties, but the couple cannot use the surrogate’s body in any way they please; they can only expect that she carries out the specific expectations set out in the contract.”
Provision regarding costs, expenses, and compensation.
Costs for commercial surrogacy consist of expenses and compensation. The surrogate’s expenses and compensation may be negotiated between the agency and the surrogate, or between the surrogates and the intended parents directly.
The contract must specify the expenses permitted, the calculation of amounts payable, and the time for making the payments. In a commercial surrogacy, the IP is obliged to pay all reasonable expenses incurred by the surrogate during the term of the agreement, plus a lump sum, paid as compensation, upon delivery of a live birth. It is usual for the expenses to be calculated in a lump sum, and payments broken down throughout the lifespan of the pregnancy. Typical expenses covered include all medication, costs for medical appointments, accommodation, maternity clothes, costs for additional dietary requirements, travel costs, medical insurance, and costs for psychological counselling and independent legal advice.
There must be a provision for multiple births. If the surrogate becomes pregnant with twins or triplets, the agreement may require the IP to pay her an amount for each fetus she carries. The reason is that multiple pregnancy adds more strain to a woman’s body, requires her to attend more medical appointments, and is overall a more difficult and riskier experience.
Independent Legal Advice.
It is a general requirement to insert provisions requiring that the parties receive independent legal advise before signing the contract. Surrogates may lack independent legal advice, making them vulnerable to stakeholders regarding not only their compensation, but also the terms of the contract, including the extent of the risks they are expected to undertake.
For example, when a surrogate has not experienced a previous birth, this may raise concerns about her informed ability to act as a surrogate. A surrogate may agree due to what it is to her, a large sum of money, without understanding the physical or psychological effects of childbirth. Therefore, a woman who has not previously given birth could never really give informed consent, as they will not be able to predict the bond they may feel with the child.
View our IVF/Surrogacy Legal Services
To ensure that the parties make informed and voluntary decisions, the legal advice must include verbal and written advice regarding the nature and effect of the agreement and the legal effect of transfer of parental rights, The surrogate must be counselled on possible scenarios, as for example, when the IP refuses to take the child, the surrogate may be saddled with a child they never intended to have.
The surrogate’s attorney must be separate and independent from that of the intended parents. The surrogate must document her receipt of independent legal counselling using a Certificate of Independent Legal Advice issued to her by her attorney. This certificate may provide rebuttable evidence to allegations that the surrogate did not understand the terms before signing the agreement.
The requirement for psychological counselling.
The contract must specify that the surrogate and the IP undergo psychological counselling. The counselling provides the parties with details of the proposed arrangement and any potential psychological impact on the parties. The surrogate must receive psychological counselling regarding the relinquishment of the child to the IP. Similarly, the IP must be counselled and assessed in the same manner as the surrogate, with the additional requirement that they must meet the criteria of fit and prepare persons to assume the parental role for the child.
Begin Your Surrogacy Journey in Ghana with AA Surrogacy Agency
The Counsellor must be a duly qualified person and must produce a report to confirm that they counselled the surrogate appropriately. The report must be attached to the agreement as a safeguard against assertions that the parties did not fully understand the nature or implications of the surrogacy agreement. By taking steps to ensure that the parties to the agreement are fully cognizant of the legal, medical, and social risks associated with surrogacy, the potential for harm is minimized and positive steps are taken to ensure that the best interest of the child is given paramount consideration.
The contract must set out basic eligibility requirements, even though there is no current legislation that sets out these requirements. These may include age limits to act as a surrogate, the satisfactory completion of medical, psychological and legal screening, and the requirement of having had a previous birth. For IPs, additional eligibility requirements may include criminal record checks, child protection orders, and suitability tests to assume parentage roles.
Provisions regarding abortion.
With the substantial financial and emotional commitments involved in surrogacy, few IPs would want to contemplate the possibility of having the surrogate terminate the pregnancy of their unborn child. Nonetheless, it is important to include provisions addressing the issue.
The contract must include provisions specifying the circumstances under which a pregnancy may be terminated. Under a surrogacy contract, the decision to terminate the pregnancy resides solely with the IP. The reason is that the surrogacy contract is based on the premise that the surrogate will carry the pregnancy to term. It would therefore undermine this basic premise if the surrogate was allowed to make primary decisions about the termination of the pregnancy.
The surrogate may, however, terminate the pregnancy if the termination is necessary to save the life of the surrogate. The decision, however, must be endorsed by a medical practitioner. The IP may request the surrogate to terminate the pregnancy where scans reveal that the fetus is suffering from some serious malformation or a severe birth defect. If the surrogate refuses to abort, the IP is absolved of their obligation to pay any expense, fee, or compensation. The surrogate, in turn, assumes all risks and expenses associated with the gestation and future custody of the child.
The surrogate’s obligation to surrender the child to the IP.
The main theme of a surrogacy contract in Ghana is to have the surrogate carry a fetus to term for another person or couple, and after birth, to surrender physical and parental custody of the child to the person or couple. This fundamental obligation on the surrogate’s part must be sufficiently captured in the contract.
The surrogacy contract in Ghanat must also oblige the surrogate to provide all appropriate consent processes to effectively terminate all legal rights to the child. The contract should typically include provisions that will require the surrogate to provide all active and necessary cooperation to terminate all parental rights to the child. This would include obligations to sign all necessary paperwork and consents, and to attend court proceedings or other administrative for where her personal attendance may be required to effectuate this purpose.
Request for a Review/Preparation of Surrogacy Contract in Ghana
The IP’s obligation to accept the child immediately upon birth.
The requirement for the surrogate to surrender the child includes a corollary obligation for the IP to immediately take custody of the child and to assume all parental responsibility For the child from the time of birth. The contract must include a provision that the IP undertakes to accept custody of the child immediately upon his or her birth, and to assume sole parental responsibility for the child regardless of the condition, gender, or number of children.
Each party must appoint a guardian ad litem.
The contract must require the surrogate and the IP to each appoint a guardian ad litem. A guardian ad litem is a person, usually appointed by a court, to represent the best interests of a child in legal proceedings. In the context of a surrogacy contract, a guardian ad litem is expected to assume parental role for the child in the event of the death or incapacitation of the surrogate or the IP. There must be sufficient details and information in the contract to adequately identify the guardian ad litem. Some of the details may include the full name, phone number, email, current residence address, and a copy of their photo ID.
Conclusion
We have attempted to discuss certain key provisions that are required to be included in a surrogacy contract in Ghana. It is expected that these provisions may be modified in individual cases to fit the circumstances of the contracting parties. Even though Ghana has no rules governing surrogacy contracts, drawing from best practices elsewhere will continue to shape up and promote ethical practices while providing the needed safeguards, especially to surrogates who may be susceptible to unfair bargaining and manipulation from stakeholders in the surrogacy arrangement.
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.
