Under Mongolia’s Family Law (1999, Articles 17-22), parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 17).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 18), or if he acknowledges paternity (Article 19). For unmarried couples, paternity requires acknowledgment or court order (Article 21).
In informal sperm donation (e.g., at-home AI or natural insemination), the donor may be recognized as the legal father if he acknowledges the child or if paternity is established judicially (Article 21), especially with biological evidence or involvement post-birth.
Assisted Reproduction:
Mongolia has no comprehensive law regulating assisted reproduction as of 2025. Basic ART services (e.g., IVF) are available in private clinics, primarily for married heterosexual couples, but the legal framework is minimal.
Informal sperm donation is not regulated or recognized. It is not explicitly illegal, but donors lack legal protections against paternity claims, and cultural norms discourage such practices.
In regulated settings, donor anonymity may be practiced, but no specific provisions protect informal donors.
Sperm Donor Agreements:
In regulated ART (where available), intending parents are typically recognized as legal parents, and donors have no rights. Informal sperm donation agreements are not legally binding under Mongolian law.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father if paternity is acknowledged or proven in court (Article 21). Private contracts are not enforceable without judicial validation.
Surrogacy:
Surrogacy is not regulated in Mongolia. The Family Law does not address it, leaving it in a legal grey area. The birth mother is the legal mother at birth (Article 17), and intending parents would need to adopt the child post-birth with court approval (Article 36).
Commercial surrogacy is not practiced, and international arrangements are unlikely to be recognized without legal proceedings.
Parentage Agreements:
In the absence of robust ART regulation, parentage is formalized through birth registration or adoption. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and carry significant risks.
Courts may establish paternity (Article 21) based on biology or intent, potentially overriding informal agreements if disputes arise.