Short answer. An unmarried woman can donate eggs in India. The ART Act, 2021 sets one age band for egg donors, 23 to 35 years (section 27(2)(b)), and does not ask whether a donor is married or has children. The Government of India has confirmed this in writing: any woman in that age band may donate, subject to the Act and Rules.
Can an unmarried woman donate eggs in India?
Yes. Section 27 of the Assisted Reproductive Technology (Regulation) Act, 2021 sets out who may supply egg donors and who may donate.
- Only a registered ART Bank, registered as an independent entity, may screen donors and supply them (s.27(1)).
- The bank may obtain eggs from a woman aged 23 to 35 (s.27(2)(b)).
- One donor can be supplied to one commissioning couple only (s.27(3)).
- A donor may donate only once in her life (s.27(4)).
Marital status and children are not mentioned in section 27 or in the ART Rules, 2022 for egg donors. The law sets conditions on age, health testing, consent and records. Marriage is not one of them.
What the Government has clarified
The Department of Health Research, Ministry of Health and Family Welfare, administers the Act. In reply to a query, it clarified that any woman may donate eggs, subject to the Act and Rules (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/51/2022-HR dated 29 Nov 2022, Q3).
In plain words, an unmarried woman and a woman without children are both eligible, if they are in the age band and pass screening.
Why people get confused
Egg donation and surrogacy are different things. A surrogate carries a pregnancy for another couple. An egg donor gives eggs, once, through a registered ART Bank, and does not carry a pregnancy. Do not assume that what you read about one applies to the other. If a clinic or agent says an unmarried woman cannot donate, ask them to show you the section of the Act.
What screening still applies
Being in the age band does not mean every applicant is accepted. The law requires that:
- the donor is tested for HIV 1 and 2, Hepatitis B, Hepatitis C and syphilis;
- the bank records her name, Aadhaar and address, and takes a written confidentiality undertaking from her;
- she gives written informed consent, and understands that she gives up all parental rights over any child born from her eggs;
- she is insured for 12 months against complications of egg retrieval. The commissioning couple or woman buys this cover, not the donor.
Section and rule numbers are listed under References.
How to check if you are eligible
- Check your age. You must be 23 to 35 years old.
- Remember the once in a lifetime rule. You may donate only once.
- Try our short eligibility check.
- If you are eligible, you can register with Zoi Fertility, the registered ART Bank behind the Egg Donor India programme (URN MH/AB/2022/10691/Mumbai/83). Our team explains each step before you decide anything.
Become a donor · Read the full law guide
Questions
Can an unmarried woman donate eggs in India?
Yes. The Act sets an age band of 23 to 35 and does not mention marital status. The Government clarification confirms that any woman in that age band may donate, subject to eligibility (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/51/2022-HR dated 29 Nov 2022, Q3).
Does an egg donor need to have a child?
No. The Act and the Rules set no such condition, and the same clarification applies. Read the full answer
Do egg donors receive money in India?
No. Egg donation for commercial gain is not allowed. Documented expenses for travel, food, stay and loss of employment may be reimbursed by the commissioning couple or woman, with no monetary gain (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, and File No. I.11019/46/2022-HR dated 25 Nov 2022, Q3 to 5). The donor is also insured for 12 months.
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 21(b) and 21(e) health testing and confidentiality; section 22(1) consent and insurance; section 27(1) to (4) and (6) donors and banks; section 31 parental rights.
- Assisted Reproductive Technology (Regulation) Rules, 2022 (G.S.R. 419(E)): rules 10, 12, 13, 14 and 15.
- Government of India, Ministry of Health and Family Welfare (Department of Health Research): File No. I.11019/51/2022-HR dated 29 Nov 2022; File No. I.11019/39/2022-HR dated 15 Nov 2022; File No. I.11019/46/2022-HR dated 25 Nov 2022.
This page explains the law as published. It is not legal advice.
