(a) The birth mother, who is automatically the legal mother (Article 310).
(b) The husband of the mother at conception or birth is presumed the legal father (Article 312). Paternity outside marriage requires acknowledgment or judicial proof (Article 314).
In informal sperm donation (e.g., at-home AI or NI), donors are not explicitly released from paternity. If donation occurs outside marriage, the donor risks paternity claims if acknowledged or proven biologically via court order.
Assisted Reproduction:
Cambodia has no specific ART law as of 2025, though a 2016 ban on commercial surrogacy exists (Ministry of Health directive). Assisted reproduction occurs in private clinics for married couples, guided by medical ethics.
Informal sperm donation is unregulated and rare due to cultural norms. Donors lack legal protections against paternity claims if biological ties are proven. Single women and same-sex couples have no legal access to ART; informal donation is culturally precluded.
Sperm Donor Agreements:
No legal framework exists for informal sperm donation agreements. Contracts are unenforceable under the Civil Code unless formalized within marriage. Donors risk paternity if acknowledged or proven biologically (Article 314).
For NI or informal AI, the donor could be deemed the legal father if paternity is established judicially, lacking statutory protection.
Surrogacy:
Commercial surrogacy was banned in 2016, but no comprehensive law governs surrogacy as of 2025. The Civil Code (Article 310) implies the birth mother is the legal mother by default. Informal surrogacy is rare and unregulated.
International surrogacy arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under the Civil Code. Informal agreements (e.g., co-parenting or donor contracts) lack enforceability unless judicially recognized (Article 314).
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.