Under the Civil Code of the People’s Republic of China (2020), Articles 1071-1075, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 1071).
(b) The husband of the mother at conception or birth is presumed the legal father (Article 1071). Paternity outside marriage requires acknowledgment or judicial proof (Article 1073).
The Administrative Measures for Human Assisted Reproductive Technology (2001, amended 2015), Article 19, assigns paternity to the husband in regulated ART with donor sperm, excluding clinical donors. Informal donors risk paternity if proven outside this framework.
Assisted Reproduction:
China regulates ART under the 2001 Administrative Measures, permitting sperm donation in licensed facilities for married heterosexual couples only (Article 3). Informal sperm donation is not recognized and is prohibited outside regulated ART, with enforcement via fines or criminal penalties.
Donors lack legal protections against paternity claims if biological ties are proven outside clinical settings. Single women and same-sex couples have no legal access to ART; informal donation is rare due to strict regulations and cultural norms.
Sperm Donor Agreements:
Clinical donors are protected from paternity under the Administrative Measures (Article 19), but informal agreements lack a legal framework. Contracts outside regulated ART are unenforceable under the Civil Code, and donors risk paternity if acknowledged or proven (Article 1073).
For NI or informal AI, the donor could be deemed the legal father if paternity is established judicially, lacking statutory protection.
Surrogacy:
Surrogacy is banned under the Administrative Measures (Article 3), with no legal recognition for intended parents. The birth mother is the legal mother by default (Article 1071). Informal surrogacy is illegal and subject to penalties.
International surrogacy arrangements are not recognized without legal proceedings, often complicated by PRC policy.
Parentage Agreements:
Parentage is formalized through marriage, ART regulations, or birth registration (Civil Code, Articles 1071-1075). Informal agreements lack enforceability unless judicially recognized (Article 1073).
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.