Medical Law expert, Christian Lebrecht Malm-Hesse is pushing for stiffer regulation and road map for the implementation of national safeguarding humanitarian law in surrogacy transaction.
According to him, the contract irrespective of its terms must conform to the basic requirements of state law, so that the right protection of the main actors in the surrogacy contract are upheld- being the intended Parent, the Surrogate and the Baby.
Malm- Hesse, who is also a writer of commercial articles to law and social science journals in a publication titled ” Third Party Reproduction in Ghana/ Surrogacy & Gamete Reproduction in Ghana/ Benefits/Challenges & Ethics” noted ” The need for strict requirements for the contract, including a requirement that the agreement be in writing, witnessed by two competent adults surrenders custody to the intended parents, and express agreement by all parties. These enforcements are not to simply allow the practice, but to regulate surrogacy and the contracts involved to avoid the confusion that could arise from turning a blind eye to the ever-growing industry”.
He noted in order to properly regulate commercial surrogacy, Ghana’s legislation have to factor and balance legal and ethical considerations. “These concerns include such issues as whether it is considered distasteful for women to receive compensation for their reproductive services and whether the parties involved are able to properly protect their interests when entering into a surrogacy.”
He said these considerations must be balanced against the freedom to contract and the paternalistic view that women are unqualified to make the decision to become surrogates on their own.
He also pointed out that, additionally, it is important to consider the consequences when people are free to forum shop and decide which jurisdiction best fits their needs.
“Critics refer to the practice as a form of prostitution or slavery and refer to the surrogate mothers as ‘baby machines’. The practice of commercial surrogacy has been called a ‘reproductive supermarket’. Supporters say that the decision to use reproductive technology are given the same level of constitutional protection as other procreation decisions.
They point out that decisions made by competent adults about reproduction and their desire to have children need to be accorded respect. One doctor’s work has been criticized as ‘renting a womb’, but she considers it to be the equivalent of ‘donating a womb’. One reason for the debate is the social stigma associated with receiving compensation for reproductive services”. he stated.
The Medical law and Medical Negligence litigation lawyer, is further seeking resolution on advertising and brokering activities in Surrogacy and actions where women advertise their fertility capacities on social media to interested parties for royalties. accordingly, he warns that, the acts of advertisement and brokering in surrogacy must be legally regulated in Ghana as this is creating an emerging chaos among teen students for quick money venture.
“Another moral issue debated is the inability of surrogate mothers and sometimes commissioning parents to properly protect their interests in the agreement. The concern is that a woman will enter into a surrogacy agreement, because there is a large amount of money advertised, without knowing the full extent of the physical and psychological effect it will have on her”.
He said attempts must be made to protect the vulnerability of women and girls from falling prey to false surrogacy juicy offers. “Rich couples may intentionally or unintentionally take advantage of poorer women by offering advertisement via social media to offer huge sum of money to interested parties who will not be able to refuse. Without independent representation, surrogates may be vulnerable to manipulation and may accept an unfair price or contract term in response to pressure or out of a lack of understanding”.
He therefore called for a closer collaboration with the Ministry of Health for the Parliament of Ghana to pass the bill of safeguarding regulation in third party reproduction in Ghana.
Attached is the full document on Practice of surrogacy in Ghana 2025.
By Richard Bright Addo
