Under the Child Law 2019 (Sections 15-16) and customary Buddhist law (e.g., Dhammathat), paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Section 15).
(b) The husband of the mother at conception or birth is presumed the legal father. Paternity outside marriage requires acknowledgment or judicial proof.
For minority groups (e.g., Muslims), Sharia may apply, tying paternity to marriage. In informal sperm donation (e.g., at-home AI or NI), donors are not explicitly released from paternity. Donors risk claims if acknowledged or proven biologically via court order.
Assisted Reproduction:
Myanmar has no specific ART law as of 2025. Assisted reproduction is limited due to healthcare constraints and political instability, 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 the Contract Act, 1872 (colonial legacy) or customary law unless formalized within marriage. Donors risk paternity if proven.
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 Myanmar. The Child Law (Section 15) implies the birth mother is the legal mother by default. Surrogacy is culturally opposed and practically nonexistent due to instability.
International surrogacy arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under customary law or the Child Law. 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, though judicial capacity is limited.