Short answer. Yes. A known egg donor in India is allowed. A woman known to the couple, including a relative, can donate, but only after screening and registration by a registered ART Bank. She must meet the same conditions as every other donor.
Is a known egg donor in India allowed?
The Department of Health Research, Ministry of Health and Family Welfare, administers the ART Act. It clarified that a woman known to the couple can donate, following the set procedure (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/39/2022-HR dated 15 Nov 2022, Q2 and Q4). The same clarification covers a relative donor: a relative may donate after screening and registration by a registered ART Bank (File No. I.11019/39/2022-HR dated 15 Nov 2022, Q2 and Q4). A couple may also bring their own donor, who is then screened through the bank (File No. I.11019/34/2022-HR dated 1 Nov 2022, Q4).
What it means in practice
A known donor does not skip the system. She goes through the same registered ART Bank as any other donor. In outline:
- The couple and the donor approach a registered ART Bank.
- The bank screens her and registers her as a donor.
- She gives written informed consent and a confidentiality undertaking.
- Egg retrieval takes place at a registered ART clinic, not at the bank (Rules r.3(1)(ii), r.13(1)(c)).
The bank will explain its exact steps and order.
Informal arrangements outside a registered ART Bank do not meet the Act. Section 27(1) allows only a registered ART Bank to screen and supply donors.
The rules that stay the same
- Age. The donor must be 23 to 35 years old (Act s.27(2)(b)).
- Once in her life. She may donate only once (Act s.27(4)).
- One donor, one couple. A bank cannot supply the same donor to more than one commissioning couple (Act s.27(3)).
- Health tests. HIV 1 and 2, Hepatitis B, Hepatitis C and syphilis.
- Money and insurance. Egg donation for commercial gain is not allowed, and the donor is insured. Our post Are egg donors paid in India? explains reimbursement and insurance.
What stays confidential
The Act keeps information about the couple, the woman and the donor confidential. It can be shared only with the National Registry database, in a medical emergency at the couple’s request, or by a court order (Act s.21(e)). The donor also gives up all parental rights, and the child is the legal child of the commissioning couple (Act s.31).
Documents to keep ready
The bank records the donor’s name, Aadhaar and address (Act s.27(6); Rules r.15). The bank will tell you if it needs anything else.
Find a donor · Read the full law guide
Questions
Can my sister or a relative donate eggs for me?
Yes, after screening and registration by a registered ART Bank (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/39/2022-HR dated 15 Nov 2022, Q2 and Q4). She must also be aged 23 to 35 and must not have donated before (Act s.27(2)(b), s.27(4)).
Can a woman we know donate eggs for us?
Yes. A woman known to the couple can donate, following the same procedure (File No. I.11019/39/2022-HR dated 15 Nov 2022, Q2 and Q4).
Can we reimburse or give money to a known donor?
Not as a fee. Egg donation for commercial gain is not allowed. Documented expenses may be reimbursed, with no monetary gain. See our post Are egg donors paid in India?.
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 21(e), section 22(1), section 27(1) to (4) and (6), section 31.
- Assisted Reproductive Technology (Regulation) Rules, 2022 (G.S.R. 419(E)): rules 3(1)(ii), 13(1)(c) and 15.
- Government of India, Ministry of Health and Family Welfare (Department of Health Research): File No. I.11019/39/2022-HR dated 15 Nov 2022 (known and relative donors); File No. I.11019/34/2022-HR dated 1 Nov 2022 (own donor screened through the bank).
This page explains the law as published. It is not legal advice.
