Legal Requirement followed by Egg Donor Clinic
We help ensure a smooth process and a positive egg donor experience.
Egg Donor India functions ethically and legally within the framework of ART Guidelines, formed by ICMR.
Below are the excerpts of few important clauses.
188.8.131.52 Women who have other existing causes of infertility, can avail of the option of donor oocytes.
3.2.3 Confidentiality: Any information about clients and donors must be kept confidential. No information about the treatment of couples provided under a treatment agreement may be disclosed to anyone other than the accreditation authority or persons covered by the registration, except with the consent of the person(s) to whom the information relates, or in a medical emergency concerning the patient, or a court order. It is the above person’s right to decide what information will be passed on and to whom, except in the case of a court order.
3.3.6 To keep all information about donors, recipients and couples confidential and secure. The information about the donor (including a copy of the donor’s DNA fingerprint if available, but excluding information on the name and address – that is, the individual’s personal identity) should be released by the ART clinic after appropriate identification, only to the offspring and only if asked by him/her after he/she reaches the age of 18 years, or as and when specified and required for legal purposes, and never to the parents (excepting when directed by a court of law).
3.3.7 To maintain appropriate, detailed record of all donor oocytes for at least ten years after which the records must be transferred to a central depository to be maintained by the ICMR.
3.5.1 A third party donor of oocytes must be informed that the offspring will not know her identity.
3.5.3 The ART clinic must not be a party to any commercial element in donor programmes.
3.5.4 An oocyte donor can not act as a surrogate mother for the couple to whom the ooctye is being donated.
3.5.5 A third-party donor must relinquish in writing all parental rights concerning the offspring.
3.5.13 It will be the responsibility of the ART clinic to obtain sperm from appropriate banks; neither the clinic nor the couple shall have the right to know the donor identity and address, but both the clinic and the couple, however, shall have the right to have the fullest possible information from the bank on the donor such as height, weight, skin colour, educational qualification, profession, family background, freedom from any known diseases or carrier status (such as hepatitis B or AIDS), ethnic origin, and the DNA fingerprint (if possible), before accepting the donor.
3.7.1 The individual must be free of HIV and hepatitis B and C infections, hypertension, diabetes, sexually transmitted diseases, and identifiable and common genetic disorders such as thalassemia.
3.7.2 The blood group and the Rh status of the individual must be determined and placed on record.
3.7.3 Other relevant information in respect of the donor, such as height, weight, age, educational qualifications, profession, colour of the skin and the eyes, and the family background in respect of history of any familial disorder, must be recorded in an appropriate proforma.
3.7.4 The age of the donor must not be less than 21 or more than 35 years.
3.9.2. Banks will be encouraged to obtain (for example, through appropriate advertisement) and maintain information on possible oocyte donors as per details mentioned elsewhere in this document. The oocyte donor may be compensated suitably (e.g. financially) by the bank when the oocyte is donated.
3.12.3 Children born through the use of donor gametes shall not have any right whatsoever to know the identity (such as name, address, parentage, etc.) of their genetic parent(s).
3.14.4 In the light of a recent technological breakthrough where a fertilized ovum containing ooplasm (including mitochondria) from a donor ovum has been successfully cultured, the embryo or the future child may now have three genetic parents. In such cases, the ooplasm donor must sign a waiver relinquishing all rights on the child, and must be screened for and declared free of known mitochondrial genetic abnormalities.