Under the Child Care, Protection and Justice Act 2010, Sections 23-27, paternity is determined by:
(a) The birth mother is automatically the legal mother (Section 23).
(b) The husband at the time of birth is presumed the father (Section 24(1)). Outside marriage, paternity requires acknowledgment by the father or a court order based on evidence (Section 25).
For informal sperm donation (AI or NI), no provisions address donor status. A donor risks being legally recognized as the father if biologically linked and proven via court order (Section 25), especially if he acknowledges the child.
Assisted Reproduction:
Malawi has no specific ART legislation as of 2025. Clinical ART is extremely limited, with basic fertility treatments available in private clinics (e.g., Blantyre), but it’s unregulated and serves primarily married couples under medical ethics.
Informal sperm donation is not legally recognized or regulated. Cultural norms prioritizing marital parentage and stigma around illegitimacy make it rare, with donors unprotected from paternity claims.
Single women and same-sex couples lack access to ART due to practical and cultural barriers, not explicit legal bans.
Sperm Donor Agreements:
No legal framework exists for informal sperm donation contracts. The Child Care, Protection and Justice Act (Section 24-25) overrides private agreements with statutory paternity rules.
A donor in an informal arrangement could face child support obligations if paternity is judicially established, with no statutory protection.
Surrogacy:
Surrogacy is unregulated in Malawi. The Child Care, Protection and Justice Act (Section 23) designates the birth mother as the legal mother, implying no recognition for surrogacy arrangements.
Cultural opposition and poverty make surrogacy rare; international arrangements would need court intervention for recognition.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Act. Informal agreements are unenforceable unless validated by a court (Section 25).
Courts prioritize child welfare, potentially assigning paternity based on biology over donor intent.