Under the Family Act 2000 (Law No. 4/2000), Sections 48-52, based on Maliki Sharia, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Section 48).
(b) The biological father, presumed the legal father if married to the mother at conception or birth (Section 49). Paternity outside marriage is not recognized unless exceptionally proven judicially.
In informal sperm donation (e.g., at-home AI or NI), donors are not recognized outside marriage under Sharia and risk paternity if proven within a marriage-like context, with no statutory release.
Assisted Reproduction:
The Maldives has no specific ART law as of 2025. Assisted reproduction is limited due to healthcare constraints and governed by Sharia, which prohibits donor sperm to preserve lineage (fatwas align with this stance).
Informal sperm donation is not regulated or recognized, and is taboo due to Islamic prohibitions against extramarital conception. Donors lack legal protections against paternity claims.
Single women and same-sex couples have no legal access to ART (same-sex relationships are illegal under Penal Code 2014, Section 411); informal donation is culturally precluded.
Sperm Donor Agreements:
No legal framework exists for informal sperm donation agreements. Contracts are unenforceable under Sharia or the Family Act as family matters override private agreements. Donors risk paternity if proven within marriage.
For NI or informal AI, the donor could be deemed the legal father under Sharia if paternity is acknowledged or proven, lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in the Maldives. The Family Act (Section 48) designates the birth mother as the legal mother by default. Surrogacy is opposed under Sharia and nonexistent in practice.
Commercial surrogacy is banned implicitly by Sharia, and international arrangements are not recognized.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under the Family Act. Informal agreements (e.g., co-parenting or donor contracts) lack enforceability.
Religious courts may establish paternity based on biology within marriage, overriding informal agreements if disputes arise.