Under Tajikistan’s Family Code (1998, Articles 54-60), parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 54).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 55), or if he acknowledges paternity (Article 56). For unmarried couples, paternity requires acknowledgment or court order (Article 58).
In informal sperm donation (e.g., at-home AI or natural insemination), the donor may be recognized as the legal father if he acknowledges the child or if paternity is established judicially (Article 58), especially with biological evidence or post-birth involvement.
Assisted Reproduction:
Tajikistan has limited regulation of assisted reproduction, with no comprehensive law as of 2025. Basic ART services (e.g., IVF) are available in licensed facilities, primarily for married heterosexual couples, but the legal framework is underdeveloped.
Informal sperm donation is not regulated or recognized. It is not explicitly illegal, but donors lack legal protections against paternity claims, and cultural conservatism makes it extremely rare.
In regulated settings, donor anonymity may occur, but no specific provisions protect informal donors.
Sperm Donor Agreements:
In regulated ART (where available), intending parents are typically recognized as legal parents, and donors have no rights. Informal sperm donation agreements are not legally binding under Tajik law.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father if paternity is acknowledged or proven in court (Article 58). Private contracts are not enforceable without judicial validation.
Surrogacy:
Surrogacy is not explicitly regulated in Tajikistan. The Family Code does not address it, leaving it in a legal grey area. The birth mother is the legal mother at birth (Article 54), and intending parents would need to adopt the child post-birth with court approval (Article 123).
Commercial surrogacy is not practiced, and international arrangements are unlikely to be recognized without legal proceedings.
Parentage Agreements:
In the absence of robust ART regulation, parentage is formalized only through birth registration or adoption. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and carry significant risks.
Courts may establish paternity (Article 58) based on biology or intent, potentially overriding informal agreements if disputes arise.