Short answer. Your own eggs and a donor’s eggs are treated very differently. Under the ART Act, nobody may sell, transfer or use gametes within or outside India, except a person moving their own eggs, sperm or embryos for personal use, with the prior permission of the National Board (Act s.29; Rules r.19). A donor’s eggs are not your own, so that exception does not cover them. Donor eggs cannot be sold or sent out of India, and the family travels to the donor programme.
What does the ART Act say about transferring eggs?
Section 29 prohibits the sale, transfer or use of gametes, zygotes and embryos, or information about them, directly or indirectly, to any party within or outside India. It allows one exception: transfer of own gametes and embryos for personal use with the permission of the National Board (Act s.29).
Rule 19, inserted by the Amendment Rules of 24 February 2023 (G.S.R. 126(E)), turns that exception into a procedure. Whoever intends to transfer their own gametes and embryos for personal use, within or outside India, must apply or furnish a declaration in Forms 16 to 24, as applicable, and obtain the prior permission of the National Board (Rules r.19).
Own eggs and donor eggs: the difference
| Your own eggs or embryos | A donor’s eggs | |
|---|---|---|
| Can they be transferred under the Act? | Yes, for personal use, with prior National Board permission (Act s.29; Rules r.19) | The s.29 exception covers only a person’s own gametes. Donor eggs reach clinics only through a registered ART Bank (Act s.27, s.29) |
| Can they leave India? | Yes, if the Board permits | No. Donor eggs cannot be sold or sent out of India (Act s.29) |
| Can they be brought into India from abroad? | No. Eggs, sperm, embryos and blastocysts cannot be brought into India (Act s.33(1)(c)) | No. Importing gametes is an offence (Act s.33(1)(c)) |
| Who applies? | You, directly | Not applicable |
Who needs Rule 19 permission?
You do, if you intend to move your own eggs or embryos to another clinic, whether that clinic is in India or in another country. Rule 19 says “within or outside India”. Common examples:
- A woman who froze her eggs at one clinic and wants them at another clinic for IVF.
- A couple with frozen embryos who are changing clinic or moving abroad.
- Parents who want embryos made with their own eggs sent to a foreign ART clinic.
This is permission to move your own material for your own treatment or surrogacy (the forms ask for the purpose: IVF or surrogacy). It is not a way to buy, sell or ship donor eggs.
Which forms apply?
Rule 19 lists nine forms (Rules, Forms 16 to 24):
- Form 16: the application, with your details, what you are transferring, from which clinic to which clinic, how many, and for what purpose. You declare the gametes or embryos are your own, for personal use only.
- Forms 17 to 20: your own affidavit. There is a separate form for embryos going outside India (17), gametes going outside India (18), embryos within India (19) and gametes within India (20). For gametes you certify that no X or Y chromosome separation was done. For embryos you state that no sex selection was done, and that the rules of the country they are going to allow the transfer (Forms 17 and 19).
- Forms 21 and 22: an affidavit from the clinic that holds the frozen embryos or gametes.
- Forms 23 and 24: an affidavit from the clinic that will receive them.
The notes on the forms say the affidavits are made on non-judicial stamp paper before a Metropolitan Magistrate, a Judicial Magistrate of First Class, an Executive Magistrate or a Notary Public. Extra points apply when you or the receiving clinic are outside India. If you live outside India, you sign the affidavits through an authorised attorney in India. Read the notes on the form for your case.
How do you apply?
- You apply directly to the Department of Health Research. A Department advisory of 28 June 2024 says no lawyer, advocate or agent is needed, and no personal appearance or legal representation is needed at any stage. The Department may write to you by email if needed (DHR advisory No. U.11019/01/2024-HR, paras 6 to 8).
- The application is screened, the Board’s expert members make recommendations, and the Board decides. The advisory says permission is granted where the Rule 19 criteria are met, and rejected where they are not or where a provision of the Act or Rules appears to be violated (advisory, paras 6 and 7). It is a decision, not a formality.
- Questions on the procedure go to support-artsurrogacy@gov.in (advisory, para 9).
Dr Sudhir Ajja, Director and CEO of Zoi Fertility, says: we guide you through the process, but we cannot apply for you. The first thing most women ask is how long it takes. In our experience, approval from the National Board usually takes 2 to 3 months.
What this means for international parents
If you plan to use donor eggs, the plan stays the same: you travel to India, and treatment happens here (see Can foreigners and NRIs use donor eggs in India? and our post on the medical visa). Rule 19 matters if you have your own frozen eggs or embryos and want them to be part of the plan. Dr Ajja’s advice is to decide first which clinic and doctor you want to work with. Choose one that knows the process for international patients and is technology driven, so the paperwork can move fast.
Many families ask whether they should use their own eggs or a donor’s. That is a medical decision for you and your doctor, made after tests. Dr Ajja adds: at Zoi, we do not push for an egg donor cycle unless there is a medically valid reason. A woman can have an egg donor cycle at any time, even after years, but this could be her last chance to try with her own eggs. If donor eggs are the right route, see how an Indian egg donor reaches a family through a registered ART Bank.
Contact the ART Bank · International patients · Read the full law guide
Questions
Can I take my own frozen eggs out of India?
Yes, if the National Board gives prior permission under Rule 19. You apply with Form 16 and the affidavits in Forms 17 to 24 that apply to your case (Act s.29; Rules r.19).
Can donor eggs be sent abroad?
No. Donor eggs cannot be sold or sent out of India. The s.29 exception covers only a person’s own gametes for personal use (Act s.29).
Does moving eggs between two clinics in India need permission?
Rule 19 covers transfer “within or outside India”, so you should expect to apply for your own eggs or embryos in both cases (Rules r.19).
Do I need a lawyer or an agent to apply?
Not for the application. The Department of Health Research advisory of 28 June 2024 says you apply directly, with no lawyer, agent or personal appearance required. The affidavits themselves still have to be made before a magistrate or notary, as the notes on the forms say. If you live abroad, an authorised attorney in India signs them for you.
Where do I send questions about the application?
To support-artsurrogacy@gov.in, the address given in the Department’s advisory.
Can I bring my own frozen eggs or embryos into India?
No. Eggs, sperm, embryos and blastocysts cannot be brought into India (Act s.33(1)(c)).
How long does Rule 19 permission take?
The law and the Department’s advisory give no timeline. In our experience, approval from the National Board usually takes 2 to 3 months.
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 29; section 33(1)(c).
- Assisted Reproductive Technology (Regulations) Amendment Rules, 2023 (G.S.R. 126(E), 24 Feb 2023): rule 19; Forms 16 to 24.
- Government of India, Ministry of Health and Family Welfare, Department of Health Research: Advisory No. U.11019/01/2024-HR dated 28 June 2024, on permission for transfer of own embryos and gametes within or outside India under section 29.
This page explains the law as published. It is not legal advice.
