Lex Mundus & Cencla

LexMu Assists with an International Surrogacy and Adoption Case



Background: A couple from the United States, decided to pursue surrogacy and adoption in Ghana to fulfil their long cherished dream of having a child. They faced various complexities in navigating the legal landscape, particularly in ensuring a smooth surrogacy process and legally adopting the child. LexMu was engaged to provide legal assistance and guidance throughout the entire journey.

LexMu’s Expertise:

  1. Legal Consultation on Surrogacy Agreement: LexMu began by offering comprehensive legal consultation to the couple on the surrogacy agreement. With the enactment of Act 1027, LexMu explained the legal framework, rights, and obligations of all parties involved in the surrogacy process. The couple gained a clear understanding of the legal steps required to engage a surrogate.
  2. Drafting and Review of Surrogacy Agreement: LexMu assisted in drafting a surrogacy agreement that adhered to the provisions of Act 1027. The agreement outlined the roles and responsibilities of the intended parents and the surrogate mother, addressing potential legal issues that could arise during the process.
  3. Application for Pre-Birth Parental Order: Following Act 1027’s guidelines, LexMu guided Mr. and Mrs. Johnson in applying for a Pre-Birth Parental Order at the High Court. The application was submitted within the stipulated twelve weeks after the introduction of the embryo into the surrogate mother, ensuring compliance with the legal timeframe.
  4. Legal Representation and Documentation: LexMu represented the coupl in court, presenting the case for the Pre-Birth Parental Order. The legal team ensured that all necessary documentation, including the surrogacy agreement and medical records, were in order. This process aimed to establish the intended parents as the legal parents of the unborn child.

Benefits of Act 1027:

  1. Clarity and Legal Recognition: Act 1027 provided clear guidelines on surrogacy, offering legal recognition to the intended parents. LexMu leveraged the legal framework to ensure that the the couple’s rights as parents were acknowledged and protected.
  2. Streamlined Adoption Process: Act 1027’s provisions streamlined the adoption process by introducing the concept of Pre-Birth Parental Orders. This allowed the the couple to secure legal parentage before the child’s birth, minimising post-birth legal complexities associated with adoption.
  3. Legal Security and Parental Rights: With the assistance of LexMu and Act 1027, the the couple obtained a Pre-Birth Parental Order, providing legal security and affirming their parental rights. The order facilitated a seamless transition to parenthood without the need for additional legal steps post-birth.

Outcome: LexMu’s expertise, coupled with the benefits of Act 1027, ensured a successful surrogacy and adoption process for the the couple. The legal clarity, streamlined procedures, and recognition of parental rights under Act 1027 contributed to a positive and legally secure experience for the couple as they welcomed their child into their family.

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