Under Pakistan’s Muslim Family Laws Ordinance (1961), parentage is determined by:
(a) The birth mother, who is automatically the legal mother.
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Section 4). Paternity outside marriage is rarely recognized under Sunni Islamic law unless established through extraordinary judicial means.
In informal sperm donation (e.g., at-home AI or natural insemination), the donor’s legal status is not recognized outside marriage. If donation occurs within a marriage-like arrangement and paternity is acknowledged, the donor could be deemed the legal father, though Sharia typically invalidates such claims outside nikah (marriage).
Assisted Reproduction:
Pakistan has no specific ART law as of 2025. Assisted reproduction is informally regulated by medical councils and available in private clinics, primarily for married heterosexual couples, with religious oversight ensuring compliance with Sharia.
Informal sperm donation is not regulated or recognized. It is effectively taboo due to cultural and religious prohibitions against extramarital conception, and donors lack legal protections against paternity claims.
Single women and same-sex couples are barred from ART; informal donation is extremely rare due to societal norms.
Sperm Donor Agreements:
There is no legal framework for sperm donation in Pakistan. Informal agreements are unenforceable under civil or Islamic law, and donors face significant paternity risks if biological ties are proven, as Sharia prioritizes legitimate lineage.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven, though such scenarios are culturally and legally discouraged.
Surrogacy:
Surrogacy is not regulated in Pakistan and is rare due to religious opposition. The birth mother is the legal mother by default, and intending parents would need to adopt the child post-birth, a process complicated by Sharia and judicial reluctance.
Commercial surrogacy is not practiced, and international arrangements are unlikely to be recognized without legal proceedings.
Parentage Agreements:
In the absence of ART regulation, parentage is formalized through marriage and birth registration under Islamic law. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and are irrelevant under Sharia.
Courts and religious authorities may establish paternity based on biology within marriage, overriding informal agreements if disputes arise.