Researchers from the Faculty of Law at the Kwame Nkrumah University of Science and Technology, Kumasi (KNUST) are calling for reforms in Ghana’s inheritance laws to better protect the rights of stepchildren in blended families.

A new study published in the KNUST Law Journal argues that although Ghanaian law does not explicitly define succession rights between stepparents and stepchildren, existing legal provisions could still support such relationships if interpreted broadly.

The study, authored by Dr. Elizabeth Archampongma Archampong and Dr. Richard Obeng Mensah, examines how Ghana’s inheritance laws interact with changing family structures, particularly the increasing number of blended families.

According to the researchers, Ghana’s main succession laws, the Wills Act, 1971 (Act 360) and the Intestate Succession Law, 1985 (PNDCL 111), do not specifically address the relationship between stepparents and stepchildren.

However, the researchers argue that the legal definition of a “child” in these laws may be broad enough to accommodate such relationships.

“While Ghanaian law does not specifically define succession rights between stepparents and stepchildren, the definition of a ‘child’ under the Wills Act and the Intestate Succession Law is broad enough to recognise this relationship,” explained Dr. Archampong.

Through a doctrinal study which involved analysis of law, case law and literature, the study explores how the courts have previously interpreted parent–child relationships in inheritance matters.

One key example discussed in the research is the Quashie Case, where the court ruled that stepchildren who had been formally adopted by their stepparent under customary law could inherit from the stepparent’s estate in the same way as biological children.

This recognition, the researchers note, can entitle the child to inherit from that person’s estate even if they are not biologically related.

The researchers added that even in cases where the stepparent does not perform such an adoption ceremony, the comprehensive definition of a child under Act 360 and PNDCL 111 applied can be applied.

“Our analysis shows that where a stepparent recognises a stepchild as their own, succession rights can be established,” Dr. Archampong said.

The researchers therefore advocate a broader interpretation of the definition of child in section 18 of both succession laws to ensure that stepchildren who have been recognised and raised by stepparents are not excluded from inheritance.

Beyond legal interpretation, the study also calls for legislative reforms that explicitly address inheritance rights within blended families.

According to Dr. Archampong, clearer legal provisions are necessary to reflect the evolving structure of modern families in Ghana.

“We recommend specific legislative reforms to provide clarity and protection for these family units,” she noted.

By: Abena Serwaa Gyamfi