Under the Constitution of Eswatini 2005, Sections 29-32, and customary law, paternity is determined by:
(a) The birth mother is the legal mother (Section 29).
(b) The husband at the time of birth is presumed the father under statutory and customary law. Outside marriage, paternity requires acknowledgment or judicial proof (customary practice, no specific statute).
For informal sperm donation (AI or NI), no provisions address donor status. A donor risks legal recognition as the father if biologically linked and proven via court order or customary acknowledgment, with no exemptions.
Assisted Reproduction:
Eswatini has no specific ART legislation as of 2025. Clinical ART is extremely limited, with basic fertility services in private clinics (e.g., Mbabane), unregulated by statute and aimed at married couples.
Informal sperm donation lacks legal recognition or regulation. Cultural norms (over 80% Christian, strong Swazi traditions) emphasize marital reproduction, making it rare and leaving donors unprotected.
Single women and same-sex couples have no access to ART due to cultural opposition and legal restrictions (e.g., sodomy laws), not explicit ART bans.
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. Customary and statutory paternity rules override private agreements.
A donor could face child support obligations if paternity is established judicially or through customary processes, with no statutory protection.
Surrogacy:
Surrogacy is unregulated. The Constitution (Section 29) and customary law designate the birth mother as the legal mother, implying no recognition for surrogacy agreements.
Cultural taboos and limited healthcare make surrogacy rare; international arrangements require court recognition.
Parentage Agreements:
Parentage is formalized through marriage or customary/judicial processes. Informal agreements are unenforceable unless validated by a court or customary authority.
Courts or traditional leaders prioritize child welfare, potentially assigning paternity based on biology over donor intent.