Under the Muluki Civil Code 2074 (2017), Part 3, Chapter on Parentage (Sections 108-112), paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Section 108).
(b) The husband of the mother at conception or birth is presumed the legal father (Section 109). For artificial insemination with donor sperm, if consented to by both spouses, the husband is the legal father (Section 109(2)). Paternity outside marriage requires acknowledgment or judicial proof (Section 110).
In informal sperm donation (e.g., at-home AI or NI), donors are not explicitly released from paternity. If donation occurs outside marriage without spousal consent, the donor risks paternity claims if acknowledged or proven biologically via court order.
Assisted Reproduction:
Nepal lacks a specific ART law as of 2025. The Muluki Civil Code (Section 109) recognizes artificial insemination within marriage, but informal donation is unregulated. Clinical ART is available for married couples, guided by medical ethics rather than statute.
Informal sperm donation is not addressed, leaving donors vulnerable to paternity claims if biological ties are proven. Single women and same-sex couples have no legal access to ART; informal donation is rare due to cultural stigma.
Sperm Donor Agreements:
No legal framework exists for informal sperm donation agreements. Contracts are unenforceable under the Muluki Civil Code unless formalized within marriage with spousal consent (Section 109). Donors risk paternity if acknowledged or proven.
For NI or informal AI outside marriage, the donor could be deemed the legal father if paternity is established judicially (Section 110), lacking statutory protection akin to Western models.
Surrogacy:
Surrogacy is not regulated in Nepal. The Muluki Civil Code does not address it, and the birth mother is the legal mother by default (Section 108). Commercial surrogacy was banned in 2015 by Supreme Court order, but informal arrangements persist without legal clarity.
International surrogacy arrangements are not recognized without legal proceedings.
Parentage Agreements:
Parentage is formalized through marriage and birth registration (Section 108-109). Informal agreements (e.g., co-parenting or donor contracts) lack enforceability unless judicially recognized under Section 110.
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.