Short answer. Does an egg donor need to have a child? No. The ART Act, 2021 and the ART Rules, 2022 set no such condition. The Government of India has clarified that any woman aged 23 to 35 may donate eggs, subject to the Act and Rules.
Does an egg donor need to have a child? What the Act says
Section 27 of the Assisted Reproductive Technology (Regulation) Act, 2021 sets the conditions for egg donors. They are:
- a registered ART Bank screens and supplies the donor (s.27(1));
- the donor is aged 23 to 35 (s.27(2)(b));
- the donor donates only once in her life (s.27(4)).
Having a living child, or having been pregnant before, is not among them. The ART Rules, 2022 do not add it either.
What the Government has clarified
The Department of Health Research, Ministry of Health and Family Welfare, administers the Act. 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). A woman without children is therefore as eligible as a mother, if she is in the age band and passes screening.
Why people think a donor needs a child
It is a common belief. It is not in the law. If someone tells you a donor must already have a child, ask them to show you the section of the Act or the Rules. You will not find it.
For the same reason, an unmarried woman can also donate. See our post Can an unmarried woman donate eggs in India?.
What actually matters
Screening looks at things the law does set out:
- Age. You must be 23 to 35 years old.
- Health. The donor is tested for HIV 1 and 2, Hepatitis B, Hepatitis C and syphilis.
- Consent. She gives written informed consent and understands that she gives up all parental rights over any child born from her eggs.
- Records. The bank records her name, Aadhaar and address, and takes a written confidentiality undertaking.
- Insurance and expenses. See our post Are egg donors paid in India? for how insurance and reimbursement work.
Section and rule numbers are listed under References.
Check if you are eligible
Try our short eligibility check, or read how becoming a donor works. If you have a question the law does not answer, our team will tell you plainly.
Become a donor · Read the full law guide
Questions
Does an egg donor need to have a child?
No. Section 27 of the Act sets age, a once in a lifetime limit and screening, and no condition about children (Act s.27). The Government of India has clarified that any woman may donate, 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).
Can a woman who has never been pregnant donate eggs?
Yes, if she is aged 23 to 35 and passes screening. Pregnancy history is not an eligibility condition in the Act or Rules.
How many times can a woman donate eggs?
Once in her life (Act s.27(4)).
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 21(b), section 22(1), section 27(1) to (4) and (6), section 31.
- 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.
This page explains the law as published. It is not legal advice.
