Under India’s personal laws (e.g., Hindu Marriage Act, 1955, Sections 16-21), parentage is determined by:
(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 (Section 16). For unmarried couples, paternity requires acknowledgment or court establishment under the Evidence Act, 1872 (Section 112).
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 (Evidence Act, Section 112), especially with biological evidence or post-birth involvement.
Assisted Reproduction:
India regulates ART under the Assisted Reproductive Technology (Regulation) Act, 2021. Sperm donation is permitted for married heterosexual couples and single women in licensed clinics, with donor anonymity mandated (Section 21).
Informal sperm donation is not regulated or recognized under the 2021 Act. It is not explicitly illegal, but donors lack legal protections against paternity claims, and cultural stigma limits its practice outside regulated settings.
Same-sex couples are barred from ART; informal donation may occur but carries legal risks.
Sperm Donor Agreements:
In regulated ART, donors have no parental rights or obligations per the 2021 Act (Section 21). Informal sperm donation agreements are not legally binding under Indian law.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father if paternity is acknowledged or proven in court (Evidence Act, Section 112). Private contracts may be considered as evidence of intent but lack enforceability without judicial backing.
Surrogacy:
Surrogacy is regulated under the Surrogacy (Regulation) Act, 2021, allowing only altruistic surrogacy for married couples and single women. The intending parents are recognized as legal parents at birth (Section 21), with the surrogate relinquishing rights.
Commercial surrogacy is banned, and international arrangements must comply with the 2021 Act for recognition.
Parentage Agreements:
In regulated ART and surrogacy, parentage is formalized through consents and birth registration under the 2021 Acts. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability outside these frameworks.
Courts may establish paternity (Evidence Act, Section 112) based on biology or intent, potentially overriding informal agreements if disputes arise.