Dennis Dominic Adjei calls for comprehensive surrogacy legislation

Supreme Court Justice Dennis Dominic Adjei has called for the enactment of a comprehensive Assisted Reproductive Technology and Surrogacy Act to address critical legal gaps in Ghana. Speaking at an International Association of Women Judges (IAWJ) meeting in Accra, the Justice warned that the current lack of a detailed regulatory framework creates significant risks regarding the citizenship, parentage, and inheritance rights of children born through surrogacy.

While acknowledging that Sections 22 and 48 of the Registration of Births and Deaths Act, 2020, already provide some recognition of surrogacy, Justice Adjei argued these provisions are merely an initial response rather than a complete system. He noted that while parents can currently apply for pre-birth and post-birth parental orders, many essential factors remain unregulated. These include clear eligibility criteria for surrogate mothers, the regulation of payments, the management of anonymous donor records, and the necessity of ensuring informed consent from all parties involved.

The Justice highlighted the potential for complex legal disputes when the definitions of motherhood differ across genetic, gestational, and intended parents. He raised concerns about how citizenship is established for children born via assisted reproductive methods, especially when the legal status of motherhood is not clearly defined for each scenario. Without clear legislation, Justice Adjei cautioned that disputes over parental status could complicate inheritance rights and leave children in a precarious legal position.

Supporting the call for judicial clarity, Justice Rita Agyeman-Budu, President of the IAWJ Ghana Chapter, emphasized the role of the judiciary in ensuring equal justice. She noted that strengthening the legal system and promoting women judges are essential steps toward addressing gender bias and protecting the rights of women and children within the evolving landscape of reproductive technology in Ghana.