For Muslims (majority), under the Islamic Family Law (Federal Territories) Act 1984 (Act 303), Sections 110-112, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Section 110).
(b) The biological father, presumed the legal father if married to the mother at conception or birth (Section 111). Paternity outside marriage is not recognized unless exceptionally proven judicially.
For non-Muslims, under the Law Reform (Marriage and Divorce) Act 1976 (Act 164), Section 112, the husband is presumed the father unless proven otherwise.
In informal sperm donation (e.g., at-home AI or NI), donors are not recognized outside marriage under Sharia or civil law and risk paternity if proven within a marriage-like context, with no statutory release.
Assisted Reproduction:
Malaysia has no specific ART law as of 2025. Clinical ART is regulated by Ministry of Health guidelines and fatwas (e.g., 2008 National Fatwa Committee ruling), permitting it for married couples only, with donor sperm prohibited under Sharia to preserve lineage.
Informal sperm donation is not regulated or recognized, and is taboo due to religious and cultural prohibitions. Donors lack legal protections against paternity claims.
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 Sharia (Act 303) or civil law (Act 164) 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 or civil law if paternity is acknowledged or proven, lacking statutory protection.
Surrogacy:
Surrogacy is not regulated in Malaysia. The birth mother is the legal mother by default under Sharia (Section 110) or civil law (Act 164). Surrogacy is opposed under Sharia and rare among non-Muslims.
Commercial surrogacy is nonexistent, and international arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under applicable laws. Informal agreements (e.g., co-parenting or donor contracts) lack enforceability.
Courts may establish paternity based on biology or acknowledgment within marriage, overriding informal agreements if disputes arise.