Under the Family Code of the Philippines (Executive Order No. 209, 1987), Articles 164-171, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 164).
(b) The husband of the mother at conception or birth is presumed the legal father (Article 164). Paternity outside marriage requires acknowledgment or judicial proof (Article 172).
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:
The Philippines has no specific ART law as of 2025. Assisted reproduction occurs in private clinics, guided by medical ethics and Department of Health regulations, 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 conservatism.
Sperm Donor Agreements:
No legal framework exists for informal sperm donation agreements. Contracts are unenforceable under the Family Code (Articles 164-171) unless formalized within marriage. Donors risk paternity if acknowledged or proven biologically.
For NI or informal AI, the donor could be deemed the legal father if paternity is established judicially (Article 172), lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in the Philippines. The Family Code (Article 164) implies the birth mother is the legal mother by default. Surrogacy is culturally opposed and rare, 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 (Family Code, Articles 164-171). Informal agreements (e.g., co-parenting or donor contracts) lack enforceability unless judicially recognized (Article 172).
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.