Short answer. Can foreigners use donor eggs in India? Yes. The Government of India has clarified that the ART Act does not bar foreign nationals from availing ART, 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). One condition matters most. Donor eggs cannot be sold or sent out of India, so the parents travel to India for treatment (Act s.29). Families who live abroad, including NRIs, have their eligibility confirmed by the clinic at the first consultation.
For the full picture, read how an Indian egg donor works through a registered ART Bank.
Can foreigners use donor eggs in India?
The Department of Health Research, Ministry of Health and Family Welfare, administers the Assisted Reproductive Technology (Regulation) Act, 2021. In reply to a query, it clarified that foreign nationals may avail ART in India, subject to eligibility (File No. I.11019/37/2023-HR dated 9 Mar 2023, Q1). The same eligibility rules apply to everyone.
Families who live abroad, including NRIs, often ask the same question. The clinic confirms eligibility for each family at the first consultation.
Why you travel and the eggs do not
Donor eggs cannot be sent out of India (Act s.29). The Act makes one narrow exception, for a person’s own gametes used for personal use with the permission of the National Board. It does not cover a donor’s eggs.
Section 33(1)(c) also makes the import of gametes an offence. In plain words:
- Indian donor eggs stay in India.
- Eggs from abroad cannot be brought in.
- Treatment takes place in India, so you come to India.
Be careful with any agent who offers to ship donor eggs abroad. The Act does not allow it.
What stays the same for every family
- Each donor is supplied to one commissioning couple only (Act s.27(3)).
- Everyone gives written informed consent. The donor’s consent is in Form 13 (Act s.22(1)(a); Rules r.13).
- The couple or woman buys 12 months of insurance for the donor (Act s.22(1)(b); Rules r.12).
- Egg retrieval takes place at a registered ART clinic, not at the bank (Rules r.3(1)(ii), r.13(1)(c)).
- Details of the couple, the woman and the donor stay confidential (Act s.21(e)).
How the process works for parents abroad
Zoi Fertility is the registered ART Bank behind the Egg Donor India programme (URN MH/AB/2022/10691/Mumbai/83). Our International Patients page describes the steps:
- A video consultation from home with a coordinator, then the Medical Director.
- Documents and registration, shared online.
- Donor matching before you travel.
- Your cycle in Mumbai, at our registered Level 2 ART clinic.
- Follow up by video once you are home.
Medical visa, invitation letter and FRRO registration
You travel to India on a medical visa. The visa process runs like this:
- Invitation letter request. Zoi Fertility is registered on the Government of India’s FRRO Medical and Ayush Visa Portal. Once your treatment plan is confirmed, we file the medical visa invitation letter request on your behalf. It goes to the Indian embassy or consulate in your country. Because the clinic is separately registered and authenticated with the FRRO under the Ministry of Home Affairs, this helps the visa move faster.
- Apply for the visa. You apply for a medical visa through the Indian visa process for your country, and you quote the reference of our request in your application form. A partner or relative who travels with you applies as a medical attendant. Check the current visa rules for your country before you book.
- FRRO registration. Foreign nationals register with the Foreigners Regional Registration Office (FRRO) when the visa rules require it. Our team helps you with the registration.
The clinic will tell you which documents to keep ready.
Find a donor · Read the full law guide
Questions
Can foreigners use donor eggs in India?
Yes, 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).
Can donor eggs be sent to my country?
No. Donor eggs cannot be sent out of India (Act s.29), and importing gametes is an offence (Act s.33(1)(c)). Parents travel to India.
Do I have to be in India for the whole process?
No. Consultation, documents and matching can be done online. You travel for the key days of your cycle.
Do I need a medical visa?
Yes. Foreign nationals travel to India for treatment on a medical visa. We file the invitation letter request on your behalf, and it goes to the Indian embassy or consulate in your country. You quote its reference in your visa application. A partner who travels with you applies as a medical attendant.
Do I need to register with the FRRO?
Foreign nationals register with the FRRO when the visa rules require it. Our team helps you complete the registration.
Is my information kept confidential?
Yes. The Act requires details of the couple, the woman and the donor to be kept confidential (Act s.21(e)).
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 21(e), section 22(1), section 27(3), section 29, section 33(1)(c).
- Assisted Reproductive Technology (Regulation) Rules, 2022 (G.S.R. 419(E)): rules 3(1)(ii), 12 and 13.
- 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.
