Legislation to regulate surrogacy, third-party reproduction important to prevent negligence

Christian Malm-Hesse, a Private Legal Practitioner, has called for legislation on surrogacy and third-party reproduction and gamete donation in Ghana.

He said for the past 30 years, the space had not been directly regulated, and the call was to minimize any form of negligence in that practice area.

He was speaking at the Malm-Hesse Medical Negligence Conference 2025 in Accra, with many participating hospitals and Nursing and Midwifery Schools in attendance to learn more.

The event was on the theme: “Third Party Reproduction in Ghana: Surrogacy and gamete donation: Benefits, challenges and Ethics.”

Surrogacy is a process in which a woman carries and delivers a child for a couple or individual.

The surrogate mothers are impregnated through the use of in vitro fertilization (IVF), and a legal contract is required for the intended parents and the carrier before the start of medical treatment.

Mr Malm-Hesse said there was a need to regulate the space to turn away the charlatans and to have proper documentation, registries, and all legal ambiguities clarified.

He said on the issues of enforceable contracts in surrogacy, We need to know, because at common law, you cannot enforce it, and the position in Ghana must be known.”

He said there was no need for laws on third-party reproduction and gametes to properly regulate the space.

He said the limit on the number of sperm donations that donors could make and the age limit should be clarified because the age requirement in common law countries was 21.

He said there were some legal ambiguities, especially in areas like LGBT+ rights, access to surrogacy, limits on gamete donation to prevent consanguinity, such as siblings unknowingly marrying, ag,e and parental requirements for donors.

Dr. Promise Sefogah, Vice-President of the Fertility Society of Ghana, said that currently the country lacked data on the activities of fertility centres across the country.

He said the majority of them were based in the Greater Accra and Ashanti regions, one in the Western region, and one in the Volta region.

“We need that national regulatory framework which will then mandate the Society and also compel the care providing centres to send their data,” he said.

Dr Ernest Konadu Asiedu, Head of Medical and Dental Health Service at the Technical Coordination Directorate of the Ministry of Health, said Ghana’s Assisted Reproductive Programme (ARP) policy was at an advanced stage and will soon be submitted to Parliament.

He said the policy, developed in collaboration with the Fertility Society of Ghana, aimed to address assisted reproduction, including surrogacy.

He highlighted the emotional and mental importance of assisted reproductive procedures, particularly in Ghanaian society, where having children is highly valued.

Dr Asiedu said the push for comprehensive legislation was motivated by concerns over potential abuse, unethical practices, and the need to protect the rights of all parties involved, including surrogate mothers and intended parents.

The proposed ART bill is expected to address these gaps by creating regulations for fertility centers and agents, and protecting the rights of all stakeholders.

Two Companies to Fifteen Houses Allegations: Abronye DC details ordeal with police during arrest