Under the Marriage Act of Bhutan 1980 (amended 2009, Chapter 3), paternity is tied to marriage. The birth mother is the legal mother, and the husband is presumed the legal father if married at conception or birth. Paternity outside marriage requires acknowledgment or court order (Child and Welfare Act 2012).
In informal sperm donation (e.g., at-home AI or NI), donors are not explicitly released from paternity. If donation occurs outside marriage, the donor risks paternity claims if acknowledged or proven biologically via judicial process.
Assisted Reproduction:
Bhutan has no specific ART law as of 2025. Assisted reproduction is limited due to minimal healthcare infrastructure, guided by medical ethics rather than statute. Informal sperm donation is unregulated and rare due to cultural conservatism.
Donors lack legal protections against paternity claims if biological ties are proven. 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 Bhutanese law unless formalized within marriage. Donors risk paternity if acknowledged or proven biologically.
For NI or informal AI, the donor could be deemed the legal father if paternity is established judicially, lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in Bhutan. The Marriage Act and general family law do not address it, and the birth mother is the legal mother by default. Surrogacy is culturally opposed and practically nonexistent.
International surrogacy arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under the Marriage Act. Informal agreements (e.g., co-parenting or donor contracts) lack enforceability unless judicially recognized.
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.