Eritrea’s legal system is based on a mix of civil law (Italian/Ethiopian influence) and customary law, with the 2015 Civil Code governing family matters. Parentage rules state:
(a) The birth mother is the legal mother.
(b) The husband at birth is presumed the father. 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.
Assisted Reproduction:
As of 2025, Eritrea has no laws regulating assisted reproductive technology (ART). Healthcare is extremely limited due to economic constraints and isolation, with no known clinical ART services, even in Asmara.
Informal sperm donation is unregulated and rare, influenced by cultural norms (50% Christian, 48% Muslim, traditional practices) emphasizing marital reproduction. Donors lack legal protection.
Single women face significant societal and practical barriers to ART; same-sex couples are excluded due to the criminalization of homosexuality (Penal Code Article 600, up to 7 years imprisonment).
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Civil Code prioritizes statutory paternity over private agreements.
A donor could face child support obligations if paternity is judicially established, with no statutory safeguards.
Surrogacy:
Surrogacy is unregulated. The Civil Code designates the birth mother as the legal mother, implying no recognition for surrogacy agreements.
Cultural resistance and minimal medical infrastructure make surrogacy nonexistent; international arrangements would require unlikely court validation.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Civil Code. Informal agreements are unenforceable without court approval.
Courts prioritize child welfare and biological ties over donor intent, though judicial capacity is limited.