Under Armenian law (Family Code of the Republic of Armenia, Articles 35-47), parentage is determined by:
(a) The birth mother, who is automatically the legal mother at birth (Article 35).
(b) The biological father, who is presumed to be the legal father if married to the mother at the time of birth or conception (Article 36), or if he acknowledges paternity voluntarily (Article 38). For unmarried couples, paternity must be established via acknowledgment or court order (Article 47).
In informal sperm donation scenarios (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges the child or if a court establishes paternity based on biological evidence (Article 47). Intent to parent or post-birth involvement increases this risk.
Assisted Reproduction:
Armenia regulates assisted reproduction under the Law on Human Reproductive Health and Reproductive Rights (2002, amended 2016). This law permits artificial insemination and IVF in licensed medical facilities, primarily for married heterosexual couples, though single women and same-sex couples are not explicitly prohibited.
Informal sperm donation is not regulated or recognized under this law. It is not explicitly illegal, but donors lack legal protections against paternity claims, and such practices are rare due to cultural stigma and legal ambiguity.
Donors in regulated settings are typically anonymous, but no specific provisions protect informal donors from paternity obligations.
Sperm Donor Agreements:
In regulated assisted reproduction, the intending parents are recognized as legal parents if procedures follow the 2002 law, and donors have no parental rights or obligations. Informal sperm donation agreements, however, are not legally binding under Armenian law.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father if paternity is acknowledged or proven in court (Article 47). Private contracts may be considered by courts but are not enforceable without judicial intervention.
Surrogacy:
Surrogacy is permitted under the 2002 Law on Human Reproductive Health (Article 13), but only altruistic surrogacy is allowed—commercial surrogacy is prohibited. It is regulated for married heterosexual couples, with the surrogate recognized as the legal mother at birth (Article 35).
Intending parents must adopt the child post-birth with court approval (Family Code, Article 125), transferring parentage legally.
International surrogacy is not explicitly addressed, but recognition of foreign arrangements may require court proceedings to establish parentage in Armenia.
Parentage Agreements:
In regulated assisted reproduction, parentage is established via medical consents and birth registration. Informal agreements (e.g., co-parenting or donor contracts) are not automatically recognized and carry significant legal risks.
Courts may establish paternity (Article 47) based on biology or intent, overriding informal agreements if disputes arise. A donor could claim rights, or the mother could seek support, depending on evidence presented.