Under Slovenian law (Family Code, Articles 134-154, Uradni List), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 134).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 135) or if he acknowledges paternity (Article 138). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 144).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Article 144), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In Slovenia, assisted reproduction is regulated under the Law on Infertility Treatment and Procedures of Medically Assisted Procreation (2001, amended 2015, Uradni List). “Donor-assisted human reproduction” (DAHR) is permitted in licensed clinics (Article 5). Note: Informal sperm donation outside clinical settings is prohibited and considered illegal under this framework.
DAHR is permitted for married or cohabiting heterosexual couples (Article 6). Single women and same-sex couples are excluded, following a 2015 referendum where 72.36% of voters opposed access for single women, as noted in "Sperm Donation, Single Women and Filiation." Donors must be anonymous—children have no legal right to access donor information (Article 10).
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with the Law on Infertility Treatment (Article 7). The intending parents are recognized as legal parents at birth (Article 5). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Article 135 or 144), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Slovenian law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may intervene based on intent or involvement.
Surrogacy:
Surrogacy is prohibited in Slovenia under the Law on Infertility Treatment (Article 4). Both commercial and altruistic surrogacy are banned, and any surrogacy agreement is void. Parentage defaults to the birth mother.
International surrogacy arrangements are not recognized, but intending parents may adopt the child post-birth if they meet adoption criteria (Family Code, Article 169). This process is complex and often requires court proceedings.
Parentage Agreements:
In regulated DAHR, parentage is formalized through consents at fertility clinics, with intending parents recognized at birth registration (Article 5). Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing in Slovenia. Courts may need to intervene under the Family Code (Article 144) to establish or contest paternity if disputes arise.
Informal arrangements carry significant legal risks, as Slovenian law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.