RETHINKING LEGAL AND REGULATORY FRAMEWORK FOR SURROGACY THROUGH ASSISTED REPRODUCTIVE TECHNOLOGY IN GHANA AND NIGERIA: LESSONS FROM THE SOUTH AUSTRALIAN SURROGACY ACT 2019

Abstract

Surrogacy issues have been on the front burner of the international community, and many countries in the world (including African countries) are making efforts to regulate surrogacy through assisted reproductive technology. Nigeria’s National Health Law 2014 does not have any provision for surrogacy through assisted reproductive technology and the Assisted Reproductive Technology Bill which is at the Nigerian National Assembly since 2016 is yet to be passed into law. Recently, Ghana attempted this through the Registration of Births and Deaths Act, 2020 (Act 1027). The law aims to provide for the registration of births, foetal deaths, and death in the country. It officially recognised surrogacy through the assisted reproductive system. Though Ghanaian law only provided for the registration of birth of children born through surrogacy, it recognises the existence of parties to surrogacy. There has been fear that surrogacy practice can turn into modern-day slavery, and human trafficking, putting the lives of the surrogate mother and child in danger if not properly regulated. This article considers the legal framework for surrogacy through assisted reproductive technology in Nigeria and Ghana through doctrinal research methods. The article examines the South Australian Surrogacy Act 2019 and observes that the law is a model law for surrogacy regulation in Nigeria and Ghana. This article in its recommendation suggests that the South Australian Surrogacy Act 2019 should be used as a model for making surrogacy laws for each of the African countries.