Under Montenegrin law (Family Law, Articles 61-81, Paragraf), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 61).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 62) or if he acknowledges paternity (Article 65). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 71).
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 (Article 71), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In Montenegro, assisted reproduction is regulated under the Law on Medically Assisted Fertilization (2015, Paragraf). “Donor-assisted human reproduction” (DAHR) is permitted in licensed clinics (Article 5). Note: Informal sperm donation outside clinical settings is prohibited and considered illegal under this framework.
DAHR is permitted for married heterosexual couples (Article 6). Single women and same-sex couples are excluded, reflecting conservative policies. Donors must be anonymous—children have no legal right to access donor information (Article 10).
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with the Law on Medically Assisted Fertilization (Article 7). The intending parents are recognized as legal parents at birth (Article 5). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Article 62 or 71), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Montenegrin 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 intervene based on intent or involvement.
Surrogacy:
Surrogacy is prohibited in Montenegro under the Law on Medically Assisted Fertilization (Article 4). Both commercial and altruistic surrogacy are banned, 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 (Family Law, Article 96). 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 5). Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing in Montenegro. Courts may need to intervene under the Family Law (Article 71) to establish or contest paternity if disputes arise.
Informal arrangements carry significant legal risks, as Montenegrin 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.