Djibouti’s legal system combines French civil law and Islamic law (Sharia), with family matters governed by the 2002 Family Code. Parentage rules state:
(a) The birth mother is the legal mother (aligned with Civil Code Article 312).
(b) The husband at birth is presumed the father (Civil Code Article 314; reinforced by Sharia). Outside marriage, paternity requires acknowledgment or judicial proof.
For informal sperm donation (AI or NI), no specific provisions exist. A donor risks legal paternity if biologically proven in court, with no exemptions under civil or Sharia law.
Assisted Reproduction:
As of 2025, Djibouti has no laws regulating assisted reproductive technology (ART). Healthcare is limited, with basic services in Djibouti City and no known clinical ART facilities.
Informal sperm donation is unregulated and rare, influenced by a predominantly Muslim culture (94% Sunni) that prioritizes marital reproduction under Sharia. Donors lack legal protection.
Single women face cultural and religious barriers to ART; same-sex couples are excluded due to the criminalization of homosexuality (Penal Code Article 411, up to 2 years imprisonment).
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Family Code and Civil Code prioritize statutory and Sharia-based paternity over private agreements.
A donor could face child support obligations if paternity is established, with no statutory safeguards.
Surrogacy:
Surrogacy is unregulated. The birth mother is the legal mother under both civil law (Article 312) and Sharia, implying no recognition for surrogacy agreements.
Islamic prohibitions and limited medical infrastructure make surrogacy nonexistent; courts would not enforce international arrangements.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Family Code and Civil Code. Informal agreements lack enforceability unless validated by a court.
Courts prioritize Islamic law and child welfare, likely assigning paternity based on biology over donor intent.