Under Yemen’s Personal Status Law (1992, Law No. 20, Articles 48-58), based on Zaydi Shia and Shafi’i Sunni Sharia, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 48).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 49). Paternity outside marriage is not recognized unless exceptionally proven judicially.
In informal sperm donation (e.g., at-home AI or natural insemination), the donor’s legal status is not recognized outside a valid marriage (nikah). If donation occurs within a marriage-like framework and paternity is acknowledged, the donor could theoretically be deemed the legal father, but Sharia typically invalidates such claims outside legitimate unions.
Assisted Reproduction:
Yemen has no specific ART law as of 2025. Assisted reproduction is virtually nonexistent due to limited healthcare infrastructure and ongoing conflict, with any practices guided by Sharia and fatwas prohibiting donor sperm to preserve lineage.
Informal sperm donation is not regulated or recognized. It is effectively taboo due to religious prohibitions against extramarital conception, and donors lack legal protections against paternity claims.
Single women and same-sex couples have no access to ART; informal donation is culturally precluded.
Sperm Donor Agreements:
There is no legal framework for sperm donation in Yemen. Informal agreements are unenforceable under Sharia or civil law, and donors face significant paternity risks if biological ties are proven within a marriage context, as lineage is paramount.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven, though such scenarios are legally and culturally discouraged amid instability.
Surrogacy:
Surrogacy is not regulated or practiced in Yemen. The Personal Status Law does not address it, and the birth mother is the legal mother by default (Article 48). Surrogacy is opposed under Sharia due to lineage concerns.
Commercial surrogacy is nonexistent, and international arrangements are not recognized due to legal and logistical barriers.
Parentage Agreements:
In the absence of ART regulation, parentage is formalized through marriage and birth registration under Sharia. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and are irrelevant under Islamic law.
Religious courts may establish paternity based on biology within marriage, overriding any informal agreements if disputes arise, though judicial capacity is limited.