Under the Law of Marriage Act 1971 (No. 5 of 1971), Sections 60-65, paternity is determined by:
(a) The birth mother is the legal mother (Section 60).
(b) The husband at the time of birth is presumed the father (Section 61). Outside marriage, paternity requires acknowledgment or judicial proof (Section 63).
For informal sperm donation (AI or NI), no provisions address donor status. A donor risks legal recognition as the father if biologically linked and proven via court order (Section 63), with no exemptions.
Assisted Reproduction:
Tanzania has no specific ART legislation as of 2025. Clinical ART (e.g., IVF) is available at private facilities like Muhimbili National Hospital in Dar es Salaam, but it’s unregulated by statute and primarily serves married couples.
Informal sperm donation lacks legal recognition or regulation. Cultural norms (over 60% Christian/Muslim, patrilineal traditions) emphasize marital reproduction, making it rare and leaving donors unprotected from paternity claims.
Single women and same-sex couples have no access to ART due to cultural opposition and practical barriers, not explicit bans, though same-sex relationships are criminalized (Penal Code, Section 154).
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Law of Marriage Act (Sections 61-63) prioritizes statutory paternity over private agreements.
A donor could face child support obligations if paternity is judicially established, with no statutory protection for informal arrangements.
Surrogacy:
Surrogacy is unregulated. The Law of Marriage Act (Section 60) designates the birth mother as the legal mother, implying no recognition for surrogacy agreements.
Cultural taboos and limited healthcare infrastructure make surrogacy rare; international arrangements require court recognition.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Law of Marriage Act. Informal agreements are unenforceable unless validated by a court (Section 63).
Courts prioritize child welfare, potentially assigning paternity based on biology over donor intent.