Under Sri Lanka’s civil law (e.g., Marriage Ordinance, 1907, and customary laws), 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. For unmarried couples, paternity requires acknowledgment or court establishment under the Evidence Ordinance, 1895 (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 Ordinance, Section 112), particularly with biological evidence or post-birth involvement.
Assisted Reproduction:
Sri Lanka has no specific ART law as of 2025. Assisted reproduction is available in private clinics, primarily for married heterosexual couples, but operates under medical guidelines rather than statutory regulation.
Informal sperm donation is not regulated or recognized. It is not explicitly illegal, but donors lack legal protections against paternity claims, and cultural conservatism limits its practice outside regulated settings.
Single women and same-sex couples have limited access to ART; informal donation is rare due to societal norms.
Sperm Donor Agreements:
In regulated ART (where available), donors typically have no parental rights, though this is based on clinic policies rather than law. Informal sperm donation agreements are not legally binding under Sri Lankan 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 Ordinance, Section 112). Private contracts may be considered as evidence but lack enforceability without judicial validation.
Surrogacy:
Surrogacy is not regulated in Sri Lanka and remains uncommon. The birth mother is the legal mother by default, and intending parents would need to adopt the child post-birth, a process subject to judicial discretion under the Adoption Ordinance, 1941.
Commercial surrogacy is not practiced, and international arrangements are unlikely to be recognized without legal proceedings.
Parentage Agreements:
In the absence of ART regulation, parentage is formalized through marriage and birth registration. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and carry risks.
Courts may establish paternity (Evidence Ordinance, Section 112) based on biology or intent, potentially overriding informal agreements if disputes arise.