Short answer. Are egg donors paid in India? No. Egg donation for commercial gain is not allowed in India. A donor’s documented expenses, such as travel, food, stay and loss of employment, may be reimbursed by the commissioning couple or woman, as long as no monetary gain results (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/39/2022-HR dated 15 Nov 2022, Q11 to 14).
Looking for an egg donor in India for your family? Read how the lawful route works.
Are egg donors paid in India?
Egg donation here is not a sale. The ART Act, 2021 prohibits selling gametes and running an agency or organisation to trade in them (Act s.33(1)(b)). A donor gives her eggs once, through a registered ART Bank, and not for commercial gain.
What can be reimbursed
The Department of Health Research, Ministry of Health and Family Welfare, has clarified that the donor’s expenses may be reimbursed by the commissioning couple or woman, provided no monetary gain accrues to her. Examples it names are travel, food, stay and loss of employment. It also clarified that no ceiling or time limit is prescribed (File No. I.11019/39/2022-HR dated 15 Nov 2022, Q11 to 14; File No. I.11019/46/2022-HR dated 25 Nov 2022, Q3 to 5).
In practice, this means documented costs that the donor actually incurred. It does not mean a fee for donating.
Insurance for the donor
The commissioning couple or woman must buy a 12 month insurance policy for the egg donor from an IRDA recognised insurer. The cover must be enough to meet complications of egg retrieval (Act s.22(1)(b); Rules r.12). The donor does not pay for it.
What an ART Bank may charge
A registered ART Bank may charge for its services. It cannot sell gametes (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/51/2022-HR dated 2 Dec 2022, Q1 to 3). These are the bank’s service charges. They are not a price for a donor’s eggs.
Why agents are risky
Using an intermediary to obtain or buy egg donors is an offence under section 33(1)(g) of the Act, and so is exploiting a donor (s.33(1)(d)). The penalties are heavy and are higher for repeat offences (s.33(2)). If an agent offers you a donor for a fee, or offers a donor a sum of money to donate, do not proceed. Use a registered ART Bank and verify its registration.
Questions
Are egg donors paid in India?
No. Egg donation for commercial gain is not allowed. Documented expenses may be reimbursed, with no monetary gain (File No. I.11019/39/2022-HR dated 15 Nov 2022, Q11 to 14).
What expenses can a donor claim?
Travel, food, stay and loss of employment, documented, with no monetary gain. No ceiling or time limit is prescribed (File No. I.11019/46/2022-HR dated 25 Nov 2022, Q3 to 5).
Who pays for the donor’s insurance?
The commissioning couple or woman buys 12 months of cover for the donor (Act s.22(1)(b); Rules r.12).
Can an agent arrange a donor for a fee?
No. Using intermediaries to obtain or purchase gamete donors is an offence (Act s.33(1)(g)).
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 22(1)(b), section 33(1)(b), (d) and (g) and section 33(2).
- Assisted Reproductive Technology (Regulation) Rules, 2022 (G.S.R. 419(E)): rule 12.
- Government of India, Ministry of Health and Family Welfare (Department of Health Research): File No. I.11019/39/2022-HR dated 15 Nov 2022; File No. I.11019/46/2022-HR dated 25 Nov 2022; File No. I.11019/51/2022-HR dated 2 Dec 2022.
This page explains the law as published. It is not legal advice.
