Under the Children Act 1997 (Chapter 59), Sections 4-8, paternity is determined by:
(a) The birth mother is the legal mother (Section 4).
(b) The husband at the time of birth is presumed the father (Section 5(1)). Outside marriage, paternity requires acknowledgment or judicial proof (Section 7).
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 (Section 7), with no exemptions.
Assisted Reproduction:
Uganda has no specific ART legislation as of 2025. Clinical ART (e.g., IVF) is available at private facilities like Women’s Hospital International in Kampala, but it’s unregulated by statute and serves primarily married couples.
Informal sperm donation lacks legal recognition or regulation. Cultural norms (over 80% Christian, patrilineal traditions) emphasize marital reproduction, making it rare and leaving donors unprotected from paternity claims.
Single women and same-sex couples have no access to ART due to cultural opposition and legal restrictions (e.g., anti-homosexuality laws), not explicit ART bans.
Sperm Donor Agreements:
No legal framework supports informal sperm donation contracts. The Children Act (Sections 5-7) prioritizes statutory paternity over private agreements.
A donor could face child support obligations if paternity is judicially established, with no statutory protection for informal arrangements.
Surrogacy:
Surrogacy is unregulated. The Children Act (Section 4) designates the birth mother as the legal mother, implying no recognition for surrogacy agreements.
Cultural taboos and limited healthcare infrastructure make surrogacy rare; international arrangements require court recognition.
Parentage Agreements:
Parentage is formalized through marriage or judicial processes under the Children Act. Informal agreements are unenforceable unless validated by a court (Section 7).
Courts prioritize child welfare, potentially assigning paternity based on biology over donor intent.