Under the Personal Status Code 1956, Articles 11-15, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 11).
(b) The husband of the mother at conception or birth is presumed the legal father (Article 12). Paternity outside marriage is not recognized unless exceptionally proven judicially (Article 14).
In informal sperm donation (e.g., at-home AI or NI), donors are not recognized outside marriage under Sharia-influenced law and risk paternity if proven within a marriage-like context, with no statutory release.
Assisted Reproduction:
Tunisia has no specific ART law as of 2025. Assisted reproduction occurs in private clinics, guided by medical ethics, and is typically available to married couples. Sharia principles prohibit donor sperm to preserve lineage.
Informal sperm donation is unregulated and taboo due to cultural and religious norms. Donors lack legal protections against paternity claims.
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 the Personal Status Code as family matters override private agreements.
For NI or informal AI, the donor could be deemed the legal father if paternity is proven judicially, lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in Tunisia. The Personal Status Code (Article 11) designates the birth mother as the legal mother by default. Surrogacy is opposed under Sharia and rare in practice.
International surrogacy arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under the Personal Status Code. Informal agreements lack enforceability unless judicially recognized.
Courts may establish paternity based on biology within marriage, overriding informal agreements if disputes arise.