Under Afghanistan’s Civil Law (1977, Articles 135-145) and Sharia (Hanafi school), parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 135).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 136). Paternity outside marriage is not recognized under Sharia unless exceptionally proven through judicial means.
In informal sperm donation (e.g., at-home AI or natural insemination), the donor’s legal status is not recognized outside a valid marriage (nikah). If donation occurs within a marriage-like framework and paternity is acknowledged, the donor could theoretically be deemed the legal father, but Sharia typically invalidates such claims outside legitimate unions.
Assisted Reproduction:
Afghanistan has no regulation of assisted reproduction as of 2025. Healthcare infrastructure is limited, and ART services are virtually nonexistent due to ongoing conflict and cultural norms emphasizing traditional reproduction.
Informal sperm donation is not regulated or recognized. It is effectively impossible due to religious prohibitions against extramarital conception and societal taboos, with no legal protections for donors.
Single women and same-sex couples have no access to ART; informal donation is culturally unthinkable.
Sperm Donor Agreements:
There is no legal framework for sperm donation in Afghanistan. Informal agreements are unenforceable under civil or Islamic law, and donors face significant paternity risks if biological ties are proven, as Sharia prioritizes legitimate lineage within marriage.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven, though such scenarios are legally and culturally precluded.
Surrogacy:
Surrogacy is not regulated or practiced in Afghanistan. The Civil Law and Sharia do not address it, and the birth mother is the legal mother by default (Article 135). Surrogacy is culturally unacceptable and impractical given societal conditions.
Commercial surrogacy is nonexistent, and international arrangements are not recognized due to legal and logistical barriers.
Parentage Agreements:
In the absence of ART regulation, parentage is formalized through marriage and birth registration under Sharia. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and are irrelevant under Islamic law.
Courts and religious authorities may establish paternity based on biology within marriage, overriding any informal agreements if disputes arise.