Under the Civil Code of Macau (Decree-Law No. 39/99/M), Articles 1795-1804, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 1795).
(b) The husband of the mother at conception or birth is presumed the legal father (Article 1796). Paternity outside marriage requires acknowledgment or judicial proof (Article 1800).
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:
Macau has no specific ART law as of 2025. Assisted reproduction occurs in private clinics, guided by medical ethics and influenced by PRC policies, typically for married couples. Informal sperm donation is unregulated.
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 rare due to cultural norms.
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 1800).
For NI or informal AI, the donor could be deemed the legal father if paternity is established judicially, lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in Macau. The Civil Code (Article 1795) implies the birth mother is the legal mother by default. Surrogacy is rare and culturally opposed, with no legal recognition for intended parents.
Commercial surrogacy is nonexistent, and international arrangements require legal proceedings for recognition.
Parentage Agreements:
Parentage is formalized through marriage and birth registration (Civil Code, Articles 1795-1804). Informal agreements lack enforceability unless judicially recognized (Article 1800).
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.