Under Morocco’s Family Code (2004, Moudawana, Articles 140-150), based on Maliki Sharia, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 140).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 141). Paternity outside marriage is not recognized unless proven through judicial acknowledgment (Article 143).
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:
Morocco has no specific ART law as of 2025. Assisted reproduction is regulated by medical guidelines (e.g., Ministry of Health) and fatwas, permitted in licensed clinics for married heterosexual couples, with donor sperm generally prohibited under Sharia to preserve lineage.
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 outside marriage in Morocco. Informal agreements are unenforceable under Sharia or civil law, and donors face significant paternity risks if biological ties are proven within a marriage context, as lineage is paramount.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven judicially, though such scenarios are legally and culturally discouraged.
Surrogacy:
Surrogacy is not regulated or permitted in Morocco. The Family Code does not address it, and the birth mother is the legal mother by default (Article 140). Surrogacy is opposed under Sharia due to lineage concerns.
Commercial surrogacy is nonexistent, and international arrangements are not recognized.
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.
Religious courts may establish paternity based on biology within marriage or judicial acknowledgment, overriding any informal agreements if disputes arise.