Short answer. What is an ART Bank? The ART Act, 2021 defines it as an organisation responsible for collecting gametes, storing gametes and embryos, and supplying gametes to ART clinics or their patients (Act s.2(1)(b)). Clinics need one because only a bank registered as an independent entity may screen gamete donors and provide oocyte donors (Act s.27(1)).
See how a registered ART Bank supplies an Indian egg donor to one family.
What is an ART Bank?
ART stands for assisted reproductive technology. An ART Bank is a defined body under the law. It is not a clinic and it does not treat patients.
The Act gives three jobs in its definition (Act s.2(1)(b)):
- collecting gametes;
- storing gametes and embryos;
- supplying gametes to ART clinics or their patients.
The Rules add detail for egg donation. A bank screens and registers oocyte donors, and may work as a semen bank, an oocyte bank or both. It also keeps the records of all its donors and updates the National Registry regularly (Rules r.3(2)(ii) to (iv)).
ART Bank and ART clinic: the difference
A clinic is a premises equipped with the facilities and registered medical practitioners to carry out ART procedures (Act s.2(1)(c)). The Rules set two levels of clinic. Surgical retrieval of gametes and handling eggs outside the body take place at a Level 2 clinic (Rules r.3(1)(ii)).
So the work is split:
- The bank screens and registers the donor.
- A registered Level 2 ART clinic carries out stimulation and egg retrieval (Rules r.3(1)(ii), r.13(1)(c)).
A bank and a clinic must each be registered, even when they share the same premises (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/37/2023-HR dated 9 Mar 2023, Q2).
Why registration matters
No person may establish a clinic or bank for ART unless it is duly registered under the Act (Act s.15(1)). The appropriate authority grants registration and gives a registration number (Act s.16(1)(i)). Registration is granted for a period of five years and can be renewed for a further five years on application (Act s.16(6), s.17). It can be suspended or cancelled for a breach of the law (Act s.18).
A registered bank holds a certificate of registration. The Rules require a copy to be displayed at a conspicuous place at its place of business (Rules r.8, Form 3). Our post How to check if an ART Bank is registered explains what to look for.
Why clinics need an ART Bank
A clinic that wants donor eggs cannot find a donor on its own or through a middleman. The Act is clear on three points:
- Only a registered bank may screen gamete donors and provide oocyte donors (Act s.27(1)).
- A bank may not supply one donor to more than one commissioning couple (Act s.27(3)).
- Using intermediaries to obtain or purchase gamete donors is an offence (Act s.33(1)(g)).
For a clinic, a registered bank is the lawful route to a screened donor. The clinic still carries out the retrieval and the treatment.
What a bank may charge
A registered ART Bank may charge for its services, but it cannot sell gametes (Government of India, Ministry of Health and Family Welfare (Department of Health Research), File No. I.11019/51/2022-HR dated 2 Dec 2022, Q1 to 3; Act s.33(1)(b)).
Zoi Fertility as the registered ART Bank
Zoi Fertility is a registered ART Bank at Millennium Tower, Powai, Mumbai (URN MH/AB/2022/10691/Mumbai/83). Egg Donor India is its programme for egg donation. Zoi Fertility screens and registers donors. Stimulation and retrieval take place at a registered Level 2 ART clinic.
Find a donor · Read the full law guide
Questions
What is an ART Bank in simple words?
It is an organisation that collects gametes, stores gametes and embryos, and supplies gametes to ART clinics or their patients (Act s.2(1)(b)).
Is an ART Bank the same as an ART clinic?
No. A bank screens and registers donors. A clinic carries out the procedures, such as egg retrieval at a Level 2 clinic. Each must be registered, even on the same premises (File No. I.11019/37/2023-HR dated 9 Mar 2023, Q2; Rules r.3).
Can a clinic find egg donors without a bank?
No. Only a registered bank may screen and provide oocyte donors (Act s.27(1)). Using an intermediary to obtain donors is an offence (Act s.33(1)(g)).
Can an ART Bank charge fees?
It may charge for its services, but it cannot sell gametes (File No. I.11019/51/2022-HR dated 2 Dec 2022, Q1 to 3).
References
- Assisted Reproductive Technology (Regulation) Act, 2021 (Act No. 42 of 2021): section 2(1)(b) and (c); section 15(1); section 16(1) and (6); sections 17 and 18; section 27(1) and (3); section 33(1)(b) and (g).
- Assisted Reproductive Technology (Regulation) Rules, 2022 (G.S.R. 419(E)): rules 3(1)(ii), 3(2), 8 (Form 3) and 13(1)(c).
- Government of India, Ministry of Health and Family Welfare (Department of Health Research): File No. I.11019/37/2023-HR dated 9 Mar 2023; File No. I.11019/51/2022-HR dated 2 Dec 2022.
This page explains the law as published. It is not legal advice.
