Under Uzbekistan’s Family Code (1998, Articles 56-62), parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 56).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 57), or if he acknowledges paternity (Article 58). For unmarried couples, paternity requires acknowledgment or court order (Article 60).
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 60), particularly with biological evidence or post-birth involvement.
Assisted Reproduction:
Uzbekistan regulates assisted reproduction under the Law on Protection of Reproductive Health (2019). ART, including artificial insemination and IVF, is permitted in licensed facilities, primarily for married heterosexual couples, though single women are not explicitly excluded.
Informal sperm donation is not regulated or recognized. It is not explicitly illegal, but donors lack legal protections against paternity claims, and cultural conservatism limits its practice.
In regulated ART, donor anonymity is typically maintained, but informal donors have no specific legal safeguards.
Sperm Donor Agreements:
In regulated ART, intending parents are recognized as legal parents if procedures comply with the 2019 law, and donors have no parental rights. Informal sperm donation agreements are not legally binding under Uzbek 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 60). Private contracts may be considered as evidence but are not enforceable without judicial intervention.
Surrogacy:
Surrogacy is not explicitly regulated in Uzbekistan. The Family Code does not address it, leaving it in a legal grey area. The birth mother is the legal mother at birth (Article 56), and intending parents would need to adopt the child post-birth with court approval (Article 128).
Commercial surrogacy is not practiced, and international arrangements are unlikely to be recognized without legal proceedings.
Parentage Agreements:
In regulated ART, parentage is formalized through consents and birth registration. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and carry significant risks.
Courts may establish paternity (Article 60) based on biology or intent, potentially overriding informal agreements if disputes arise.