Under Iran’s Civil Code (Articles 1158-1167), parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 1158).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 1158). Paternity outside marriage is complex under Shia Islamic law and rarely recognized without a temporary marriage (mut’ah) or judicial ruling.
In informal sperm donation (e.g., at-home AI or natural insemination), the donor’s legal status depends on Islamic rulings. If donation occurs outside a marriage framework, paternity is not typically recognized unless the donor acknowledges the child within a religiously sanctioned context, though courts may intervene based on biological evidence.
Assisted Reproduction:
Iran permits ART for married couples under the Embryo Donation to Infertile Spouses Act (2003) and Shia fatwas. Sperm donation is allowed in licensed facilities with religious approval, typically within a temporary marriage framework to legitimize parentage.
Informal sperm donation is not explicitly illegal but lacks statutory regulation. It may be permissible with clerical consent (e.g., via mut’ah), but donors risk paternity claims if intent or involvement is proven, as Sharia prioritizes lineage.
Single women and same-sex couples are barred from ART; informal donation is rare due to cultural and religious taboos.
Sperm Donor Agreements:
In regulated ART, donors have no parental rights if procedures follow the 2003 Act and religious guidelines. Informal agreements may be recognized with clerical and judicial consent but are not statutorily binding without such validation.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven biologically, especially if no marriage framework exists to shield the donor.
Surrogacy:
Surrogacy is permitted altruistically under Shia fatwas and practiced informally. The birth mother is initially the legal mother (Article 1158), but intending parents can gain rights via an adoption-like process with religious approval.
Commercial surrogacy is not explicitly regulated but is rare; international arrangements may be recognized with judicial oversight.
Parentage Agreements:
In regulated ART, parentage is formalized through marriage and religious consents. Informal agreements (e.g., co-parenting or donor contracts) require religious and judicial validation to be enforceable.
Courts and clerics may establish paternity based on biology or intent, potentially overriding informal agreements if disputes arise, with Sharia favoring legitimate lineage.