Legal Framework and Considerations
- AI: Not Recognized
- NI: Not Recognized
- Sperm donor agreement: Unknown
Mozambique’s legal framework for informal sperm donation, including at-home artificial insemination (AI) and sperm donation via sexual intercourse, is governed by the Family Law (Law 10/2004 of 25 August), which defines family relationships and parentage but lacks specific provisions for assisted reproduction or gamete donation. Parentage is based on biology, marriage, or adoption (Articles 48-50), with the birth mother recognized and fathers by presumption or acknowledgment. Biological donors in informal arrangements risk being established as parents, with obligations for support and custody, as courts prioritize equality and child welfare. Payment for sperm is not regulated, but commercial aspects may conflict with family principles. Surrogacy is unregulated, with no legal recognition; disputes treated as custody cases, adoption as fallback. Mozambique’s framework promotes gender equality in family law but offers no protections for informal donation, leading to uncertainty as of November 2025.
Historical Note: The Family Law 2004 promoted equality in marriage and parentage. Prior, colonial laws emphasized biology. No amendments address ART by 2025; surrogacy in grey area, with couples traveling abroad for services.
Core Provisions
| Provision | Statute | Key Implications |
|---|---|---|
| Parentage Establishment | Family Law Art. 48-50 | Presumption for married couples; acknowledgment for non-marital; biology key for donors. |
| Equality in Family | Family Law Art. 3 | Promotes gender equality; applies to parentage disputes. |
| Child Maintenance | Family Law Art. 106 | Parents duty to support; applies to biological fathers. |
| Adoption | Family Law Ch. VI | Fallback for non-bio parents; requires court, severs birth ties. |
| Surrogacy | No provisions | Unregulated; treated as custody; risks exploitation. |
Key Court Cases (2024-2025)
No Mozambican Supreme Court cases directly address informal sperm donation in 2024-2025 as of November 2025. General family disputes emphasize biology and equality.
2025 outlook: Stable with legal void; potential cases as ART access grows via travel.
Practical Steps & Risks
- Options for Arrangements: Draft agreements documenting intent; seek court acknowledgment for parentage. Surrogacy unregulated—use adoption post-birth.
- Health Screens: Not mandated; recommended: STI/genetic tests.
- Non-Bio Parent Rights: Via adoption or court; no presumptions for ART.
- Risks: Informal AI/NI establishes biology-based claims; courts may impose support/custody. Surrogacy void risks disputes.
- Consult: Contact the Mozambique Bar Association: Find a Lawyer (+258 21 327 477).