Surrogacy in Ghana

Surrogacy in Ghana

Surrogacy in Ghana is new and I am currently acting for some couples going through the process.  Some are at the start of their journey, some have a pregnancy and for some a child has been born.  There are no laws governing surrogacy in Ghana but you need independent legal advice in Ghana to ensure that your arrangement complies with local law and to apply for a Declaration of Parentage before returning to England.  Therefore, local legal advice from a surrogacy lawyer in Ghana is essential.

Please read about surrogacy abroad first.

You must carry out your due diligence thoroughly as unregulated areas can often be exploited by unethical providers.  Also, the immigration and passport process to return to the UK may not be straight forward.  You are advised to consider the law in all destinations related to the arrangement including where the surrogate lives, where the embryo transfer takes place and where the birth will be.  Some agencies have ‘travelling surrogates’ to try and circumvent the law in certain destinations.

You may apply for a Parental Order following surrogacy in Ghana providing the UK legal criteria is met and I will go through this with you. It is important to do extensive research and secure references from other British couples who have successfully used the agency / clinic that you are considering using.  We must show that you acted in good faith and complied with local law so I will need a letter from your lawyer in Ghana to confirm.

The better surrogacy agencies / clinics will be transparent about their surrogate recruitment policy and the compensation paid to the surrogate. The onus is on you to ask relevant questions at all times to make sure that exploitation does not take place. I advise that you have private discussions with your surrogate and hire an independent interpreter where necessary.

Having conducted surrogacy cases for many years, I am in a good position to advise you of the pitfalls to look out for. I also have experience with the citizenship and passport procedure to get you back to the UK with your child swiftly.

If you are in the middle of your surrogacy in Ghana or, if you are considering other destinations, please do not hesitate to contact me for advice on your legal rights.

Regardless of the law in Ghana or any other destination, the surrogate is always the legal mother. Whether one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer and whether the surrogate is married or in a civil partnership. It is essential that you get advice before you start the process and preferably before you select the surrogate. I will advise you on whether you can become legal parents to the child(ren) and if so, how to return to England with the child. I will then provide a bespoke service for you to obtain a Parental Order.

A Parental Order extinguishes any legal rights that the surrogate and her husband have for the child and makes you the legal parents. If you do not apply for a Parental Order by the time the child is 6 months old, you may need to consider alternatives such as adoption. This deadline has been extended in some cases. I will work with you to ensure that all of the necessary paperwork is in place for the Parental Order process within the deadline.

Please call surrogacy lawyers for advice surrogacy in Ghana on 01727 884 688 or e-mail Harjit directly on harjit@surrogacylawyers.co.uk

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I provide legal advice on surrogacy based on the law in England and Wales.

I have acted for clients working with many agencies across the world.  I will not recommend any surrogacy provider, destination, agency or clinic.   If my advice concludes that you can become legal parents following the arrangement you are considering, it should not be taken as advice to proceed.  If I have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed.   You must always do your own due diligence on any agency / destination.  A successful arrangement for someone else won’t always mean a successful arrangement for you.  I will not take part in any negotiations for your surrogacy arrangement nor, will I review your surrogacy contract.