Under Icelandic law (Children Act, No. 76/2003, Sections 1-6, Alþingi), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Section 1).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Section 2) or if he acknowledges paternity (Section 4). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Section 6).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Section 6), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In Iceland, assisted reproduction is regulated under the Artificial Fertilisation Act, No. 55/1996 (Lög um tæknifrjóvgun, Alþingi). “Donor-assisted human reproduction” (DAHR) involves donated gametes used in licensed fertility clinics (Article 2). Note: Informal sperm donation outside clinical settings is prohibited and considered illegal under this framework.
DAHR is permitted for heterosexual couples, same-sex couples (since 2006), and single women (since 2015). Donors must be identifiable—children can access donor information at age 18 (Article 5). Anonymity was abolished in 1996.
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with the Artificial Fertilisation Act (Article 4). The intending parents are recognized as legal parents at birth (Article 3). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Children Act, Section 2 or 6), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Icelandic law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may also intervene to establish paternity if there’s evidence of intent to parent.
Surrogacy:
Surrogacy is illegal in Iceland under the Artificial Fertilisation Act (Article 2). Both commercial and altruistic surrogacy are prohibited, and any surrogacy agreement is void. Parentage defaults to the birth mother.
International surrogacy arrangements are not recognized, but intending parents may adopt the child post-birth if they meet adoption criteria (Adoption Act, No. 130/1999, Article 5). This process is complex and often requires court proceedings.
Parentage Agreements:
In regulated DAHR, parentage is formalized through consents at fertility clinics, with intending parents recognized at birth registration (Article 3). Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing in Iceland. Courts may need to intervene under the Children Act (Section 6) to establish or contest paternity if disputes arise.
Informal arrangements carry significant legal risks, as Icelandic law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.