Socio-ethical and legal issues regarding surrogacy in Ghana: a qualitative study

Surrogacy has recently emerged as a crucial fertility treatment solution due to the development of in-vitro fertilization (IVF). There are however a number of socio-ethical and legal issues, including parental rights, children's basic human rights, and abuse of women, most notably surrogate exploitation. In Ghana, these socio-ethical issues have not been well studied. This study aimed to explore the socio-ethical and legal issues regarding surrogacy in Ghana.

A phenomenological qualitative study was conducted. A total of 13 participants comprising couples undergoing fertility treatments, surrogates, fertility specialists, lawyers, and bioethicists were selected using a combination of purposive and snowball sampling. Data were collected via in-depth interviews. In-depth interviews were tape-recorded and transcribed verbatim. A thematic content analysis approach was used to analyse the data and results were presented using quotes.

The results suggest that couples will resort to surrogacy when all treatments have failed. This decision is however influenced by age, economic status, family and societal pressure. Surrogates are both altruistically and monetarily motivated to enter into surrogacy arrangements. However, surrogacy practice in Ghana is marred with numerous ethical issues including lack of informed consent, exploitation, abuse, issues of compensation and maltreatment of surrogates. These issues are compounded by a weak legal and regulatory framework which is unable to address uncertainties and abuse.

Even though surrogacy has come to address infertility issues in infertile couple, it is faced with ethical issues and weak legal system. Specific legislation on Assisted Reproductive Technologies (ARTs) and surrogacy is urgently needed to address the uncertainties in the practice, protect the rights of surrogates, and minimize abuse. Clinical Trial Number Not applicable.