Equatorial Guinea’s legal system is based on Spanish civil law, with family matters governed by the Civil Code (inherited from colonial rule). Parentage rules state:
(a) The birth mother is the legal mother (aligned with Civil Code principles).
(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, Equatorial Guinea has no laws regulating assisted reproductive technology (ART). Healthcare is underdeveloped, with limited services in Malabo and Bata, and no known clinical ART facilities.
Informal sperm donation is unregulated and rare, shaped by cultural norms (over 85% Christian, traditional Bantu beliefs) favoring marital reproduction. Donors lack legal protection.
Single women face societal and practical barriers to ART; same-sex couples are restricted by the criminalization of homosexuality (Penal Code, up to 3 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 limited 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.