Surrogacy In Ghana: FAQs For Parents From England And Wales

This FAQ provides general information about surrogacy in England and Wales, including some of the most common questions people ask about surrogacy arrangements, legal parenthood and parental orders. It also outlines the main steps people usually need to take if they wish to apply for a parental order in England in relation to a child born in Ghana. This is general information only and not a substitute for legal advice on the facts of any particular case.

What is surrogacy?

Surrogacy is an arrangement where a woman carries and gives birth to a child with the intention that the child should be handed over at birth to the commissioning couple or party and raised as theirs. The surrogate may use her own eggs and therefore be the genetic mother, which is known as ’traditional surrogacy’ or the pregnancy may be achieved via fertility clinic and donor eggs may be used, known as ‘gestational surrogacy’.

In England and Wales, surrogacy arrangements are permitted, but commercial surrogacy is not.

Also Read: What UK parents should know before an overseas surrogacy

Who is the child’s legal mother at birth?

In England and Wales, the woman who gives birth to the child is treated as the child’s legal mother at birth, even if the child is not genetically related to her.

Can anyone else be a legal parent at birth?

Possibly. Whether another person is treated as the child’s second legal parent at birth depends on the circumstances, including whether the surrogate is married or in a civil partnership and the legal status of the conception. The position can be complicated and should be checked carefully.

Can same-sex couples pursue surrogacy in Ghana?

Yes. Although same-sex couples cannot jointly pursue surrogacy as a couple under Ghanaian law, one partner may pursue the process in an individual capacity through the single-parent pathway. In such a case, only the individual applicant may be recognised as the child’s legal parent in Ghana.

The process may be structured as follows:

1. The Genetic Relationship: Where the intended parent or parents subsequently intend to apply for a parental order in their home jurisdiction, the applicable genetic-link requirements should be considered before treatment begins. Where one partner proceeds as the intended parent in Ghana, it may be necessary or advisable for that applicant to be the partner whose genetic material is used, depending on the requirements of the home jurisdiction.
2. The Single-Parent Application: One partner may apply to the High Court of Ghana for a pre-birth parental order in that person’s individual capacity as the intended parent.
3. The Birth Certificate: Once the High Court grants the pre-birth parental order, the child’s birth will be registered in accordance with the terms of the order. Where the application is made by one intended parent, only the intended parent named in the order will be recorded as the child’s legal parent in Ghana. The other partner will not be named as a parent on the Ghanaian birth certificate and may need to take separate steps to obtain legal recognition in their home jurisdiction.

Anyone considering this pathway should obtain specialist legal advice in Ghana and in their home jurisdiction before proceeding, particularly concerning legal parenthood, nationality, immigration and any subsequent steps required for both partners to obtain legal recognition.

Can single parents use surrogacy in Ghana?

The single intended parent petitions the High Court in Ghana for a Parental Order. Once the High Court issues the order, a copy is sent to the District Registrar. The registrar is legally directed to register the birth, naming only the single intended parent as the legal parent and completely omitting the surrogate mother.

How long does the surrogacy process take in Ghana?

The physical journey typically takes 12 to 18 months, but the legal process is bound by rigid statutory timelines.

• The Pre-Birth Pathway (Highly Recommended): The application for a Pre-Birth Parental Order must be filed in the High Court within 12 weeks of introducing the embryo or gamete into the surrogate mother. Furthermore, the birth must occur within 28 weeks of the High Court granting this order.
• The Post-Birth Pathway :If the 12-week pre-birth window is missed, the intended parent must apply for a Post-Birth Parental Order (or Substitute Parentage Order).By law, this application can only be made at least 28 days after the birth and no later than 6 months after the birth.

How do the intended parent or parents become the child’s legal parent or parents in England?

The intended parent or parents must apply to the Family Court for a parental order. A parental order transfers legal parenthood from the surrogate (and any other existing legal parent) to the applicant or applicants, provided the legal requirements are met.

Also Read: Surrogacy in Northern Cyprus: Risks & Lessons for UK Parents

Who can apply for a parental order?

Eligibility depends on the facts of each case. In broad terms, the applicant or applicants must be at least 18, the child must have been conceived artificially and be genetically related to one intended parent, and the child must be living with them when the application is made and granted.

The surrogate, and her spouse or civil partner if applicable, must give valid consent after the birth. The application should usually be made within six months of birth, one applicant must be domiciled in the UK, and the court must be satisfied that no payments beyond reasonable expenses have been made.

Can a parental order in England be obtained if the child was born in Ghana?

Yes, a parental order can be obtained if the child was born in Ghana. The fact that the child was born outside the United Kingdom does not prevent an application for a parental order in England. However, international surrogacy cases are often complex and may involve family law and immigration law issues at the same time.

Does the court simply approve the arrangement because everyone agrees?

No. The court must be satisfied that the statutory requirements are met and that making the parental order is right for the child. The child’s welfare throughout life will be the courts paramount consideration. The court will look carefully at the evidence in international cases, including the circumstances of conception, birth, payments and consent.

If you are dealing with a surrogacy arrangement connected with Ghana, it is sensible to seek advice as early as possible from a solicitor. Early planning can make a significant difference to the smooth progress of the case.