Under Jordan’s Personal Status Law (2010, Articles 104-114), based on Hanafi Sharia, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 104).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 105). Paternity outside marriage is not recognized 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:
Jordan has no specific ART law as of 2025. Assisted reproduction is regulated by medical guidelines (e.g., Jordan Medical Association) and occurs in private clinics, primarily for married heterosexual couples, with practices aligned with Sharia principles.
Informal sperm donation is not regulated or recognized. It is effectively taboo due to religious prohibitions against extramarital conception, and donors lack legal protections against paternity claims.
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 Jordan. Informal agreements are unenforceable under civil or Islamic law, and donors face significant paternity risks if biological ties are proven within a marriage context, as Sharia prioritizes legitimate lineage.
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 Jordan. The Personal Status Law does not address it, and the birth mother is the legal mother by default (Article 104). Surrogacy is culturally opposed and rare due to Sharia prohibitions.
Commercial surrogacy is nonexistent, and international arrangements are not recognized without legal proceedings.
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.