Under the Civil Registration Act 1963 (amended 2014), Sections 20-23, and customary law, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Section 20).
(b) The husband of the mother at conception or birth is presumed the legal father under statutory law. Paternity outside marriage follows customary acknowledgment or judicial proof.
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 under customary law or if proven biologically via court order.
Assisted Reproduction:
Papua New Guinea has no specific ART law as of 2025. Assisted reproduction is virtually nonexistent due to limited healthcare infrastructure, guided by medical ethics rather than statute.
Informal sperm donation is unregulated and rare due to cultural norms favoring customary family structures. 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 culturally precluded.
Sperm Donor Agreements:
No legal framework exists for informal sperm donation agreements. Contracts are unenforceable under statutory or customary law unless formalized within marriage or recognized judicially. Donors risk paternity if acknowledged or proven.
For NI or informal AI, the donor could be deemed the legal father under customary law or judicial ruling, lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in Papua New Guinea. The Civil Registration Act (Section 20) implies the birth mother is the legal mother by default. Surrogacy is culturally opposed and practically nonexistent.
International surrogacy arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage, birth registration (Civil Registration Act), or customary law. Informal agreements lack enforceability unless judicially or customarily recognized.
Courts or customary leaders may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.