Under the Persons and Family Code 2004 (Code des Personnes et de la Famille), Articles 300-310, paternity is determined by:
(a) The birth mother is the legal mother (Article 300).
(b) The husband at the time of birth is presumed the father (Article 302). Outside marriage, paternity requires acknowledgment or judicial proof (Article 305).
For informal sperm donation (AI or NI), no provisions address donor status. A donor risks legal recognition as the father if biologically linked and proven via court order (Article 305), with no exemptions.
Assisted Reproduction:
Benin has no specific ART legislation as of 2025. Clinical ART is extremely limited, with basic fertility services in private clinics (e.g., Cotonou), unregulated by statute and aimed at married couples.
Informal sperm donation lacks legal recognition or regulation. Cultural norms (50% Christian/Muslim, 30% Vodun, patrilineal traditions) emphasize marital reproduction, making it rare and leaving donors unprotected.
Single women and same-sex couples have no access to ART due to cultural opposition and practical barriers, not explicit bans, though same-sex acts are illegal (Penal Code, Article 88).
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Persons and Family Code (Articles 302-305) prioritizes statutory paternity over private agreements.
A donor could face child support obligations if paternity is judicially established, with no statutory protection.
Surrogacy:
Surrogacy is unregulated. The Persons and Family Code (Article 300) designates the birth mother as the legal mother, implying no recognition for surrogacy agreements.
Cultural taboos and limited healthcare infrastructure make surrogacy rare; international arrangements require court recognition.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Code. Informal agreements are unenforceable unless validated by a court (Article 305).
Courts prioritize child welfare, potentially assigning paternity based on biology over donor intent.