Under the Children’s Protection and Welfare Act 2011, Sections 25-30, paternity is determined by:
(a) The birth mother is the legal mother (Section 25).
(b) The husband at the time of birth is presumed the father (Section 26(1)). Outside marriage, paternity requires acknowledgment or judicial proof (Section 28).
For informal sperm donation (AI or NI), no provisions address donor status. A donor risks legal recognition as the father if biologically linked and proven via court order (Section 28), with no exemptions.
Assisted Reproduction:
Lesotho has no specific ART legislation as of 2025. Clinical ART is virtually nonexistent, with only basic fertility consultations in private clinics (e.g., Maseru), unregulated by statute and aimed at married couples.
Informal sperm donation lacks legal recognition or regulation. Cultural norms (over 90% Christian, Basotho traditions) emphasize marital reproduction, making it rare and leaving donors unprotected from paternity claims.
Single women and same-sex couples have no access to ART due to cultural opposition and practical barriers, not explicit bans, though same-sex relationships are criminalized (Penal Code, Section 185).
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Children’s Protection and Welfare Act (Sections 26-28) prioritizes statutory paternity over private agreements.
A donor could face child support obligations if paternity is judicially established, with no statutory protection.
Surrogacy:
Surrogacy is unregulated. The Children’s Protection and Welfare Act (Section 25) designates the birth mother as the legal mother, implying no recognition for surrogacy agreements.
Cultural taboos and limited healthcare infrastructure make surrogacy rare; international arrangements require court recognition.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Act. Informal agreements are unenforceable unless validated by a court (Section 28).
Courts prioritize child welfare, potentially assigning paternity based on biology over donor intent.