Private legal practitioner Christian Malm-Hesse calls for surrogacy and gamete donation legislation at medical negligence conference in Accra

Private Legal Practitioner, Mr Christian Malm-Hesse, has urged Parliament to pass legislation regulating surrogacy, third-party reproduction, and gamete donation in Ghana. He stressed that for more than 30 years, the space has operated without direct legal oversight, leaving room for negligence and unethical practices.

Speaking at the Malm-Hesse Medical Negligence Conference 2025 in Accra, attended by hospitals and nursing schools, Mr Malm-Hesse argued that regulation was necessary to eliminate charlatans, establish registries, clarify ambiguities, and enforce legal contracts. He noted that Ghana must determine its legal position on surrogacy contracts, which are not enforceable under common law.

He also called for clear limits on sperm donations, donor age requirements, and guidelines to prevent consanguinity. He warned of unresolved issues such as LGBT+ rights, parental eligibility, and access to assisted reproduction. Dr Promise Sefogah, Vice-President of the Fertility Society of Ghana, added that fertility centres lacked a coordinated data system, with most based in Greater Accra and Ashanti regions.

Dr Ernest Konadu Asiedu, Head of Medical and Dental Health Service at the Ministry of Health, revealed that Ghana’s Assisted Reproductive Programme (ARP) policy, developed with the Fertility Society, is near completion and will soon be presented to Parliament. He said the policy and proposed ART bill will regulate fertility centres, protect surrogate mothers and intended parents, and curb unethical practices while safeguarding the emotional and mental wellbeing of affected familie