Infertility is a distressing and growing struggle. It imposes a lot of psychological, social and emotional burden on couples and their families.
The rapid advancement of Assisted Reproductive Technology (ART) all over the world has brought hope to many individuals and couples struggling with infertility.
ART includes treatments or procedures that address fertility.
It can include artificial insemination, in vitro fertilisation (IVF) or gamete intra-fallopian transfer, as well as any other related treatments or procedures.
The dynamics of ART are shaped by various factors that influence its growth trajectory.
The key drivers include increasing infertility rates, advancements in reproductive technologies, continuous innovation leading to improved success rates for various ART procedures and growing awareness, which have significantly improved knowledge about fertility challenges and available treatment options.
Regulatory frameworks for ART vary significantly across countries.
For instance, the United Kingdom Human Fertilisation and Embryology Authority (HFEA) provides a comprehensive regulatory framework, ensuring high standards of practice and research.
The UK has strict laws governing ART, including rules on embryo transfer and gamete donation.
The South Australian Surrogacy Act 2019 provides a robust framework for surrogacy and ART, outlining specific requirements and regulations for surrogacy agreements.
The US has a laissez-faire approach to ART regulation, with varying state laws and guidelines.
There are countries with restrictive legislation, such as Germany, which has strict laws governing ART, including a ban on egg and embryo donation.
The Embryo Protection Law regulates ART practices, but some critics argue it is outdated. Poland recently passed legislation regulating ART, but it imposes significant restrictions, including excluding single women and women in same-sex relationships from receiving IVF treatment.
The country lacks a specific law regulating ART, although the Registration of Births and Deaths Act 2020 recognises surrogacy and ART.
This regulatory gap raises concerns about the potential exploitation of vulnerable individuals.
The lack of a comprehensive regulatory framework governing ART practices in the country poses significant risks to patients, practitioners, and the industry.
Therefore, the call by the Fertility Society of Ghana for a regulatory framework for ART in the country is welcome news.
According to the society, such a framework and a national database would protect surrogate mothers, intended parents and unborn children (See Daily Graphic, Tuesday, September 23, 2025).
The absence of a national registry to monitor fertility practices in the country, as highlighted by the Vice-President of the society, Dr Promise Sefogah, makes it challenging to track data such as the number of ART procedures, outcomes, or potential misuse within the system, raising significant concerns.
The Daily Graphic highlights that without clear regulations, ART clinics and practitioners in the country will operate under inconsistent standards, which could endanger patient safety and the quality of care.
The lack of laws and guidelines fosters an environment where vulnerable individuals might be exploited by unscrupulous practitioners.
Moreover, without regulatory oversight, ART practitioners may not be held accountable for their actions, which could lead to malpractice and harm to patients.
The current system also fails to clearly outline the rights and responsibilities of patients, donors and practitioners, potentially resulting in disputes and conflicts.
The paper supports the call for legal clarity and oversight of ART and recommends that the country implement comprehensive legislation governing ART practices, addressing issues such as informed consent, donor rights, advancements in technology, as well as ethical, legal, religious and social challenges, practitioner accountability and high treatment costs.
There is also the need for a regulatory body to oversee ART practices, ensuring adherence to established standards and guidelines.
Moreover, clear guidelines should be developed to define the rights and responsibilities of patients, donors, and practitioners, reducing conflicts and disputes.
ART is a crucial trend in health, population growth and the socio-economic development of the country that demands urgent attention.
Developing a regulatory framework for ART at a national level will guarantee the safe and effective use of these technologies, protect the rights of all stakeholders and promote the growth and advancement of the industry.
