Under Law No. 1 of 1974 on Marriage, Articles 42-43, and the Civil Code (inherited from Dutch law), Articles 280-284, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 42, Law No. 1/1974).
(b) The husband of the mother at conception or birth is presumed the legal father (Article 43). Paternity outside marriage requires acknowledgment or judicial proof (Article 280, Civil Code).
Health Law No. 36 of 2009, Article 127, regulates ART but does not address informal donation. Donors risk paternity if proven outside regulated settings, with no statutory release.
Assisted Reproduction:
ART is regulated under Health Law No. 36 of 2009 and Ministry of Health Regulation No. 43/2015, permitting sperm donation in licensed facilities for married couples only. Donor sperm is prohibited for Muslims per Sharia (majority practice), though allowed for non-Muslims in theory.
Informal sperm donation is not recognized and is effectively prohibited outside this framework, especially among Muslims due to Sharia prohibitions. Donors lack legal protections against paternity claims.
Single women and same-sex couples have no legal access to ART; informal donation is rare due to cultural and religious barriers.
Sperm Donor Agreements:
Clinical donors may be protected under Health Law regulations, but no framework exists for informal agreements. Contracts are unenforceable under the Civil Code or Sharia as family matters override private agreements. Donors risk paternity if proven.
For NI or informal AI, the donor could be deemed the legal father if paternity is acknowledged or proven judicially (Article 280), lacking statutory protection.
Surrogacy:
Surrogacy is not explicitly regulated but is prohibited under Health Law No. 36 of 2009 (Article 127) as it conflicts with Sharia and public policy. The birth mother is the legal mother by default (Article 42).
Commercial surrogacy is banned, and international arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage, ART regulations, or birth registration (Law No. 1/1974). Informal agreements lack enforceability unless judicially recognized (Article 280, Civil Code).
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.