Background and Contractual Agreement
In an extraordinary legal case from Tanzania, a man named Darius Makambako, 30, a traffic police officer, entered into a private agreement with his neighbour Evans Mastano, 32, to impregnate his wife Precious, 28, a nurse. The unusual arrangement was motivated by Makambako’s confirmed sterility after six years of marriage without children.
Key Individuals
| Name | Age | Occupation | Relation to Case |
|---|---|---|---|
| Darius Makambako | 30 | Traffic Police Officer | Initiator of the agreement |
| Precious | 28 | Nurse | Wife of Makambako |
| Evans Mastano | 32 | Neighbour | Contracted to impregnate wife |
Terms of the Contract
- Payment: 2,000,000 Tanzanian Shillings (approximately USD $860).
- Commitment: Evans was to attempt conception by engaging in intercourse with Precious three evenings per week.
- Duration: 10 months throughout 2016.
- Rationale: Evans had fathered two daughters, suggesting fertility, and resembled Darius in appearance.
Timeline and Attempt Details
The arrangement began in early 2016 and was maintained for 10 months. Precious took a three-month leave from work to fully commit to the process.
Attempt Timeline
| Period | Details | Number of Attempts |
|---|---|---|
| March – June 2016 | Wife took leave; regular sessions began | Part of total 75 |
| Full 2016 (10 months) | 3 times per week arrangement held | 75 attempts total |
Despite consistent efforts, no pregnancy occurred. Makambako, suspecting deception or medical issues, sought further investigation.
Medical Discovery
In January 2017, Darius demanded a fertility test for Evans. The results were unexpected and further complicated the case.
Medical Results and Confessions
- Evans Mastano was found to be sterile, despite having two children.
- Angela, Evans’s wife, later admitted that their two daughters were fathered by Evans’s cousin, Edward.
These revelations completely undermined the foundational assumptions of the contract.
Legal Proceedings
Upon confirmation of Evans’s sterility, Darius Makambako initiated legal proceedings to reclaim the money he had paid.
Legal Claims and Defense
| Party | Claim/Defense |
|---|---|
| Makambako | Sued for breach of contract and refund of 2,000,000 TSh |
| Evans Mastano | Argued he only promised effort, not guaranteed pregnancy |
Related International Case
A similar case occurred in Stuttgart, Germany, involving Demetrius Soupolos, 29, who hired his neighbour Frank Maus, 34, to impregnate his ex-wife.
Comparative Timeline: German Case
| Event | Details |
|---|---|
| Contract Duration | 6 months |
| Attempt Frequency | Estimated 72 total attempts |
| Outcome | No pregnancy |
| Medical Finding | Maus was also sterile |
In both the Tanzanian and German cases, the men hired were believed to be fertile but were later found to be sterile, undermining the purpose of the contracts.
Contractual and Ethical Analysis
Contract Type
The contract was performance-based but lacked a specific guarantee of conception. The agreement relied on natural fertilization through repeated sexual interaction.
Enforceability and Legal Complexity
| Legal Element | Implication |
|---|---|
| Consent | All parties consented to the arrangement |
| Medical Guarantee | Absent; critical flaw in enforcement |
| Privacy and Ethics | Raised major concerns around bodily autonomy |
| Contract Type | Informal, unconventional, lacking legal precedent |
Courts rarely encounter such arrangements, and when they do, rulings often depend on the jurisdiction’s stance on bodily services and enforceable obligations.
Ethical Dimensions
The case raises serious ethical questions:
- Bodily Autonomy: Use of another person’s body in exchange for money for reproductive purposes.
- Reproductive Rights: The voluntary and mutual involvement of a spouse in such contracts.
- Confidentiality and Disclosure: Disclosure of sterility status and truthful representation.
Timeline Summary
| Year | Event |
|---|---|
| ~2011 | Darius and Precious marry; no children |
| 2015 | Darius is diagnosed as sterile |
| March 2016 | Sexual arrangement begins |
| March–June 2016 | Wife takes leave to fully participate |
| Late 2016 | 75 total attempts completed |
| January 2017 | Evans tested and confirmed sterile |
| Post-January 2017 | Evans’s wife reveals children not biologically his |
| Early 2017 | Makambako files lawsuit for breach of contract |
Broader Legal Context
Key Legal Themes
- Sperm contracts: No binding guarantee unless medically verified.
- Sterility: Unexpected infertility undermines performance-based agreements.
- Legal Precedent: Extremely rare cases; little formal precedent in African or Western courts.
FAQ
What was the exact agreement?
A man paid his neighbour to attempt impregnating his wife three evenings a week for 10 months.
Was pregnancy guaranteed in the contract?
No, the contract only required honest effort without a result guarantee.
How many total attempts were made?
A total of 75 attempts occurred over 10 months in 2016.
Why did Makambako sue Evans?
He sued to recover the 2,000,000 TSh payment, claiming breach of contract due to failure.
What was Evans’s defense?
Evans claimed he fulfilled his obligation to try, not to succeed.
Was Evans actually sterile?
Yes, a medical test in January 2017 confirmed his sterility.
Were Evans’s children biologically his?
No, his wife later admitted the children were fathered by his cousin.
Are such contracts legally enforceable?
Rarely; enforceability depends on the jurisdiction and whether the contract violates ethical or bodily rights.
Has a similar lawsuit happened before?
Yes, in Germany a man sued his sterile neighbour after 72 failed impregnation attempts.
What legal issues are involved?
Consent, bodily rights, contract law, and the lack of fertility guarantees are all core legal concerns.
