Procreation is crucial for the survival of any species. It refers to the production of offspring and is considered the primary reason for marriage in African societies. In Africa, once a woman is married, having children is expected of her. Her inability to do so after a few months of marriage can become a serious concern, potentially jeopardising her position in her matrimonial home. In addition, her husband may fall victim to the constant pressure from his family to bear children, which may cause him to take another wife or even divorce his wife. The shame and stigma of being tagged as barren could drive a woman to depression even though sometimes the woman may not be the cause of the couple’s infertility. Couples in such situations could resort to adoption, however, most mothers-in-law and even the spouses themselves are not necessarily thrilled with this option in Africa. The aforesaid begs the question of what an African woman who is unable to get pregnant or carry a baby full-term can do to secure her position in her matrimonial home. One answer to this question is surrogacy. The purpose of this article, therefore, is to examine the current legal framework for surrogacy in Ghana, the loopholes that cause hesitation among Ghanaian women to adopt this method, and the inherent need for extensive laws on surrogacy in Ghana.
