Under Iraq’s Personal Status Law (1959, Articles 55-65), based on Ja’fari and Hanafi Sharia, parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 55).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 56). Paternity outside marriage is not recognized under Sharia unless exceptionally proven through judicial means.
In informal sperm donation (e.g., at-home AI or natural insemination), the donor’s legal status is not recognized outside a valid marriage (nikah). If donation occurs within a marriage-like framework and paternity is acknowledged, the donor could theoretically be deemed the legal father, but Sharia typically invalidates such claims outside legitimate unions.
Assisted Reproduction:
Iraq has no specific ART law as of 2025. Assisted reproduction is available in private clinics for married heterosexual couples, operating under medical guidelines rather than statutory regulation, and is limited by ongoing instability.
Informal sperm donation is not regulated or recognized. It is effectively taboo due to religious prohibitions against extramarital conception and societal norms, with no legal protections for donors.
Single women and same-sex couples have no access to ART; informal donation is culturally precluded.
Sperm Donor Agreements:
There is no legal framework for sperm donation in Iraq. Informal agreements are unenforceable under civil or Islamic law, and donors face significant paternity risks if biological ties are proven, as Sharia prioritizes legitimate lineage within marriage.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven, though such scenarios are legally and culturally discouraged.
Surrogacy:
Surrogacy is not regulated or practiced in Iraq. The Personal Status Law does not address it, and the birth mother is the legal mother by default (Article 55). Surrogacy is rare and opposed due to religious and cultural norms.
Commercial surrogacy is nonexistent, and international arrangements are not recognized due to legal and logistical barriers.
Parentage Agreements:
In the absence of ART regulation, parentage is formalized through marriage and birth registration under Sharia. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and are irrelevant under Islamic law.
Courts and religious authorities may establish paternity based on biology within marriage, overriding any informal agreements if disputes arise.