Omanghana
Supreme Court Justice Dennis Dominic Adjei has called for comprehensive legislation on assisted reproductive technology, warning that gaps in Ghana’s legal framework could lead to disputes over citizenship, parentage and inheritance.
Speaking at an event organised by the Ghana Chapter of the International Association of Women Judges in Accra, Justice Adjei said surrogacy raises questions that extend beyond agreements between intended parents and surrogate mothers.
He noted that although Act 1027 recognizes surrogacy, unresolved issues remain concerning its relationship with constitutional provisions and customary law.
On citizenship, Justice Adjei highlighted the importance of parentage under Ghana’s legal framework. He cautioned that arrangements involving anonymous donors or parties from different countries could complicate the determination of a child’s nationality, potentially creating conflicting claims to parental status or risks of statelessness.
He also drew attention to inheritance and family membership under customary law, where lineage can influence succession rights.
According to Justice Adjei, parental orders recognizing intended parents who have no genetic connection to a child may not fully resolve questions about the child’s place within an extended family. Such uncertainty, he warned, could become the basis for future inheritance disputes.
The judge said developments in reproductive technology mean biological relationships alone can no longer provide straightforward answers to every question of legal parenthood.
He further argued that contract law is insufficient to address the wider implications of surrogacy, particularly as commercial arrangements become more common. Agreements between adults, he indicated, must be considered alongside the rights and long-term welfare of children.
Justice Adjei called for a dedicated legal framework covering eligibility for assisted reproduction, permissible compensation, donor record-keeping and safeguards for those involved.
His appeal places children’s legal identity and welfare at the center of the debate, urging lawmakers to address uncertainties before they develop into prolonged disputes.
Source: Omanghana
