A Court of Appeal Judge, Justice Dr. Ernest Owusu Dapaa, has emphasized the need for a comprehensive legal framework to govern the operations of In Vitro Fertilisation (IVF) and the functioning of fertility clinics and hospitals within the country.
He highlighted that IVF has become an integral part of medical practice, necessitating its regulation under a legal framework.
Justice Dr. Dapaa acknowledged the positive impact of IVF in providing opportunities for couples facing challenges in conceiving but expressed concern about potential risks and abuses in the absence of regulation.
During his address at the African Bar Association (ABA) Medical Law Committee Annual Conference in Accra, Ghana, Justice Dr. Dapaa called for dedicated legislation on surrogacy, specifically focusing on contractual agreements and human fertilisation in assisted reproduction.
He stressed the importance of regulating these aspects to prevent exploitation and scandals.
“IVF provides a lot of golden opportunities for couples that are struggling for many months, many years to have children, but are unable to do so. There is nothing wrong with that.
“However, as we know, in every good thing, if it is left unregulated there is that risk of abuse and risk of scandals. We would like lawmakers to heed the calls to have dedicated legislation on surrogacy, especially in the area of contractual agreements and human fertilisation when it comes to assisted reproduction.
“We can have a contractual agreement on surrogacy and every human fertilisation,” he said.
The conference, themed “Healthcare System in Africa; Getting Stakeholders and Health Providers More Responsive under the Law,” covered various topics, including the West’s child sexualization agenda on African nations, challenges in doctor-patient relationships, citizenship issues in IVF cases, and perceptions on euthanasia and assisted suicide in Africa.
Justice Dr. Dapaa highlighted the unregulated nature of surrogacy arrangements and the lack of laws governing assisted reproduction, leading to exploitative situations and changes of mind by commissioned parents. He emphasized the necessity of legal experts and ethicists collaborating to establish appropriate legal norms considering unique cultural values in assisted human fertilization.
Regarding challenges associated with citizenship by birth in IVF cases, Justice Dr. Dapaa underscored the significant advancements in Assisted Reproductive Technology (ART) and the resulting legal and ethical implications in the Ghanaian context. He urged Ghana to draw insights from other jurisdictions in designing legal frameworks that accommodate emerging trends while maintaining a delicate balance between technological progress and individual rights protection.
Justice Dapaa acknowledged the ethical implications of IVF and the potential for conflicts, particularly in Ghana where the intersection of IVF and citizenship presents complex challenges. He called for advocacy in crafting laws that address the complexities of modern reproductive technology while upholding principles of justice, equity, and human rights, emphasizing that legal frameworks should evolve alongside scientific progress. Justice Dr. Dapaa urged participants to collectively commit to developing enduring laws that serve the best interests of all citizens born through traditional means or assisted reproductive technology.