Short answer. Can a foreigner donate eggs in India? The test is the Aadhaar card, not the passport. The ART Act requires the ART Bank to obtain the donor’s Aadhaar number, name and address (Act s.27(6)). Forms 13, 14A and 14B also carry an Aadhaar field. So only a woman who holds an Aadhaar number can donate through our ART Bank. A woman without an Aadhaar cannot be registered by us as a donor.
Families looking for an egg donor can read how Indian egg donation works.
How do we define a foreigner?
The Act does not use the word “foreigner” for donors. It sets conditions for the donor instead:
- She is 23 to 35 years old (Act s.27(2)(b)).
- She donates only once in her life (Act s.27(4)).
- She is screened and registered by a registered ART Bank (Act s.27(1)).
- The bank obtains her name, Aadhaar number and address, and her written undertaking of confidentiality (Act s.27(6)).
So the practical question is whether she holds a valid Aadhaar number. As our own practice, citizenship alone is not the test we apply.
Why the Aadhaar matters
The bank must record the Aadhaar number (Act s.27(6)). The oocyte donor’s consent in Form 13 has a line for her Aadhaar number (Rules, Form 13). The record of use of donor gametes (Forms 14 and 14A), and the oocyte and embryo record in Form 14B, also say that the Aadhaar number is to be entered (Rules r.13(2)(i)). Without it, the bank cannot complete the donor’s records.
If you do not have an Aadhaar
We cannot register you as a donor. Aadhaar numbers are issued by UIDAI under the Aadhaar Act, 2016, and UIDAI decides who is eligible. We cannot arrange one for you. If you are unsure, ask UIDAI whether you qualify.
Parents who are foreigners
A different question applies to parents. Foreign nationals can have ART in India, subject to eligibility (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/37/2023-HR dated 9 Mar 2023, Q1). Our post “Can foreigners and NRIs use donor eggs in India?” explains this, and our post on the medical visa explains how foreign parents travel.
Check my eligibility · Become a donor · Read the full law guide
Questions
Can a foreigner donate eggs in India?
Only a woman who holds an Aadhaar number can donate through our ART Bank, because the bank must obtain it (Act s.27(6)).
Can an NRI donate eggs in India?
She must meet every condition, including holding an Aadhaar number, being 23 to 35 and donating only once (Act s.27(2)(b), (4), (6)). The clinic confirms at the first consultation.
Why does the Aadhaar number matter?
The Act requires the bank to record it, and Forms 13, 14A and 14B carry it (Act s.27(6); Rules r.13(2)(i)).
Can a foreign couple receive donor eggs in India?
Yes, subject to eligibility (File No. I.11019/37/2023-HR dated 9 Mar 2023, Q1). Donor eggs cannot leave India, so the parents travel (Act s.29).
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 27(1), (2)(b), (4) and (6); section 29.
- Assisted Reproductive Technology (Regulation) Rules, 2022 (G.S.R. 419(E)): rule 13(2)(i); Forms 13, 14, 14A and 14B.
- Government of India, Ministry of Health and Family Welfare (Department of Health Research): File No. I.11019/37/2023-HR dated 9 Mar 2023.
This page explains the law as published. It is not legal advice.
