Under the Civil Code 1997 (Código Civil), Articles 1796-1805, paternity is determined by:
(a) The birth mother is the legal mother (Article 1796).
(b) The husband at the time of birth is presumed the father (Article 1798). Outside marriage, paternity requires acknowledgment or judicial proof (Article 1801).
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 1801), with no exemptions.
Assisted Reproduction:
Cape Verde has no specific ART legislation as of 2025. Clinical ART is extremely limited, with basic fertility services in private clinics (e.g., Praia), unregulated by statute and aimed at married couples.
Informal sperm donation lacks legal recognition or regulation. Cultural norms (over 90% Christian, Creole traditions) emphasize marital reproduction, making it rare and leaving donors unprotected.
Single women have limited access to ART due to cultural and practical barriers; same-sex couples face no explicit ART ban but are restricted by lack of legal recognition (same-sex acts are legal since 2004).
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Civil Code (Articles 1798-1801) 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 Civil Code (Article 1796) 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 Civil Code. Informal agreements are unenforceable unless validated by a court (Article 1801).
Courts prioritize child welfare, potentially assigning paternity based on biology over donor intent.