(a) The birth mother, who is automatically the legal mother.
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth. Paternity outside marriage is not recognized unless exceptionally proven judicially.
For non-Muslims (e.g., Hindus), paternity follows customary laws or the Evidence Act, 1872 (Section 112), presuming the husband as father unless proven otherwise.
In informal sperm donation (e.g., at-home AI or NI), the donor’s legal status is not recognized outside marriage under Sharia or customary law. Donors risk paternity if acknowledged or proven biologically within a marriage-like context, but no statutory release exists.
Assisted Reproduction:
Bangladesh has no specific ART law as of 2025. Assisted reproduction occurs in private clinics for married couples, guided by medical ethics and Sharia/customary norms prohibiting donor sperm to preserve lineage.
Informal sperm donation is not regulated or recognized, and is taboo due to religious and cultural prohibitions against extramarital conception. 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 Sharia, customary law, or the Contract Act, 1872, as family matters override private agreements. Donors risk paternity if proven within marriage.
For NI or informal AI, the donor could be deemed the legal father under Sharia or customary law if paternity is acknowledged or proven, lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in Bangladesh. The birth mother is the legal mother by default under Sharia or customary law. Surrogacy is culturally opposed and rare.
Commercial surrogacy is nonexistent, and international arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under applicable personal laws. Informal agreements (e.g., co-parenting or donor contracts) lack enforceability.
Courts may establish paternity based on biology or acknowledgment within marriage, overriding informal agreements if disputes arise.