Egg and Sperm Donation Laws
Egg and sperm donation in India is regulated under the Assisted Reproductive Technology (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Rules, 2022. These laws establish the legal requirements for donating, collecting, storing and using sperm and eggs for assisted reproductive procedures.
Key Takeaways
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- Egg and sperm donation is legal in India, provided the donation and related procedures comply with the Assisted Reproductive Technology (Regulation) Act, 2021, and the applicable rules.
- Sperm donors must be between 21 and 55 years of age, while egg donors must be between 23 and 35 years of age. Donors must also satisfy the prescribed medical screening requirements.
- A woman can donate eggs only once in her lifetime, and a maximum of seven oocytes may be retrieved from her. The ART Act does not prescribe an equivalent lifetime donation limit for sperm donors.
- Commercial trading in human eggs and sperm is prohibited. The law restricts the sale, purchase and unauthorised commercial dealings involving human gametes.
- Registered ART banks are responsible for screening, collecting and supplying donor gametes. ART clinics and banks must comply with statutory registration, record-keeping and safety requirements.
- Egg and sperm donors do not acquire parental rights over children born through their donations. Section 31 establishes the legal status of children born through assisted reproductive technology and requires donors to relinquish parental rights.
- Donor confidentiality, informed consent and medical protection are legally regulated. Additional conditions apply when donor eggs or sperm are used in surrogacy arrangements.
Contents
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What Is Egg and Sperm Donation?
Egg and sperm donation refers to the voluntary provision of human reproductive cells for use in assisted reproductive technology.
Egg donation involves a woman providing her eggs, also known as oocytes, for use in fertility treatment. Sperm donation involves a man providing sperm that may be used to help another person or couple achieve pregnancy.
Both eggs and sperm are collectively referred to as gametes.
Donated gametes may be used in assisted reproductive procedures such as in vitro fertilisation (IVF), subject to the applicable legal and medical requirements.
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The purpose of regulating egg and sperm donation is to protect the health and rights of donors, ensure ethical medical practices and establish legal certainty regarding children born through assisted reproductive technology.
What Is Egg Donation?
Egg donation is a process in which a woman provides her eggs for use in another person’s fertility treatment.
The process generally involves medical evaluation, ovarian stimulation and retrieval of eggs by qualified medical professionals.
The retrieved eggs may subsequently be fertilised using sperm through an assisted reproductive procedure. The resulting embryo may be transferred to the woman undergoing fertility treatment.
In India, egg donation is subject to strict eligibility conditions, including age restrictions and limits on the number of times a woman may donate.
What Is Sperm Donation?
Sperm donation involves the provision of sperm by a man for use in assisted reproductive procedures.
The donated sperm may be used in procedures such as intrauterine insemination or IVF, depending on the medical circumstances and applicable requirements.
A sperm donor must satisfy the statutory age requirements and undergo the prescribed medical screening.
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The collection and supply of donor sperm must take place through the regulated ART framework.
Is Egg and Sperm Donation Legal in India?
Yes, egg and sperm donation is legal in India under the Assisted Reproductive Technology (Regulation) Act, 2021.
However, the law does not permit unrestricted donation or commercial trading in human reproductive cells.
Donation must comply with the statutory framework governing donor eligibility, medical screening, informed consent, confidentiality and the collection and supply of gametes.
The legal framework also regulates the institutions involved in assisted reproductive procedures.
Unauthorised collection, sale or commercial dealings in eggs and sperm may attract legal consequences under the ART Act.
Therefore, the legality of donation depends not merely on the willingness of the donor but also on compliance with the prescribed legal and medical safeguards.
Laws Governing Egg and Sperm Donation in India
The legal framework governing egg and sperm donation primarily consists of the following legislation.
Assisted Reproductive Technology (Regulation) Act, 2021
The Assisted Reproductive Technology (Regulation) Act, 2021 is the principal legislation regulating assisted reproductive services in India.
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It establishes requirements concerning:
- Registration and regulation of ART clinics and ART banks.
- Eligibility and screening of sperm and egg donors.
- Collection, preservation and supply of donated gametes.
- Informed consent and confidentiality of individuals participating in assisted reproductive procedures.
- Legal rights of children born through ART.
- Restrictions on commercial trading in human gametes and embryos.
- Offences and penalties for violations of statutory requirements.
Sections 21, 22 and 27 to 33 are particularly relevant to understanding the rights, obligations and restrictions associated with egg and sperm donation.
Assisted Reproductive Technology (Regulation) Rules, 2022
The ART Rules, 2022, supplement the Act by prescribing procedural and operational requirements.
They address matters such as donor screening, documentation, registration and insurance protection.
For example, Rule 10 specifies certain medical screening requirements for gamete donors, while Rule 12 deals with insurance coverage for oocyte donors.
These rules help translate the statutory safeguards into requirements applicable to ART clinics, ART banks and persons undergoing treatment.
Surrogacy (Regulation) Act, 2021
The Surrogacy (Regulation) Act, 2021 becomes relevant when donated gametes are proposed to be used in a surrogacy arrangement.
Surrogacy involves a woman carrying and giving birth to a child under a legally regulated arrangement for an intending couple or eligible intending woman.
The Surrogacy (Regulation) Rules, 2022, as amended in 2024, prescribe specific conditions concerning the use of donor gametes in surrogacy.
These conditions are distinct from the general rules governing egg and sperm donation.
Who Can Donate Eggs in India?
Under Section 27 of the ART Act, an ART bank may obtain eggs from women between 23 and 35 years of age.
The law also imposes restrictions on the frequency of egg donation and the number of eggs that may be retrieved.
Age Limit for Egg Donation
A woman must be between 23 and 35 years of age to qualify as an egg donor under the statutory requirements.
This age restriction is intended to regulate donor selection within the medically supervised ART framework.
A woman outside the prescribed age range cannot be recruited as an egg donor by an ART bank under Section 27.
Can a Woman Donate Eggs More Than Once?
No. Under Section 27(4) of the ART Act, an oocyte donor may donate eggs only once in her lifetime.
The same provision restricts the retrieval of oocytes from a donor to a maximum of seven.
These restrictions are intended to reduce the risks associated with repeated ovarian stimulation and egg retrieval procedures.
Consequently, repeated egg donation by the same woman is not permitted under the statutory framework.
Medical Requirements for Egg Donors
Apart from meeting the age requirements, an egg donor must undergo the prescribed medical screening.
The assessment may involve checking medical history, reproductive health and infectious disease status.
The purpose is to reduce health risks for the donor and persons receiving fertility treatment.
The collection of eggs must also be performed by appropriately qualified medical professionals in compliance with applicable ART standards.
Who Can Donate Sperm in India?
Section 27 of the ART Act permits registered ART banks to obtain semen from men between 21 and 55 years of age.
Sperm donors must undergo medical screening and satisfy the applicable legal requirements.
Age Limit for Sperm Donation
A sperm donor must be at least 21 years old and must not exceed 55 years of age.
The age requirement is a statutory condition governing the recruitment of sperm donors by ART banks.
A person outside this age range cannot be recruited as a sperm donor under the Act.
How Many Times Can a Man Donate Sperm?
The ART Act does not prescribe an equivalent lifetime-once donation restriction for sperm donors.
However, this does not mean that sperm donation is unrestricted.
Section 27 restricts an ART bank from supplying the sperm of a single donor to more than one commissioning couple.
Other applicable requirements concerning screening, records, handling and use of gametes must also be followed.
The distinction between donation frequency and the number of recipients is important. The absence of a lifetime-once donation limit does not remove the statutory restriction on supplying sperm from the same donor.
Difference Between Egg Donation and Sperm Donation in India
Although egg and sperm donation are regulated under the same legislation, certain requirements differ.
| Basis | Egg Donation | Sperm Donation |
| Meaning | Donation of female reproductive cells | Donation of male reproductive cells |
| Minimum age | 23 years | 21 years |
| Maximum age | 35 years | 55 years |
| Lifetime donation restriction | Only once | No equivalent express lifetime-once restriction |
| Retrieval limit | Maximum seven oocytes | No equivalent numerical retrieval limit |
| Medical screening | Mandatory | Mandatory |
| Collection | Requires medically supervised egg retrieval | Generally involves collection of a semen sample |
| Insurance | Specific statutory insurance protection for oocyte donors | No equivalent oocyte-retrieval insurance requirement |
| Legal parental rights | Donor relinquishes parental rights | Donor relinquishes parental rights |
Both forms of donation remain subject to the requirements concerning confidentiality, consent and lawful handling of human gametes.
What Is the Legal Procedure for Egg and Sperm Donation in India?
Egg and sperm donation must take place within the regulated ART system.
The exact medical procedure differs depending on whether eggs or sperm are donated, but certain legal safeguards apply to both.
Registration with an ART Bank
The recruitment and screening of gamete donors are regulated functions of registered ART banks.
An ART bank is responsible for obtaining, screening and supplying donor gametes in accordance with statutory requirements.
Private arrangements outside the regulated framework do not automatically satisfy the requirements of the ART Act.
Verification of Donor Eligibility
Before accepting a donor, the ART bank must establish compliance with the relevant eligibility conditions.
For egg donors, this includes verifying the prescribed age range and the lifetime donation restriction.
For sperm donors, it includes ensuring compliance with the age requirements and applicable restrictions on the supply of sperm.
Medical Screening
Donors must undergo the prescribed medical screening before their gametes are used.
Medical screening helps identify conditions that could create risks during assisted reproductive treatment.
Where applicable, additional clinical assessments may be conducted according to professional standards and statutory requirements.
Informed Consent
Consent is an important legal requirement in assisted reproductive procedures.
The applicable consent requirements must be satisfied before gamete collection and related procedures are undertaken.
Informed consent involves providing relevant information about the procedure, medical risks and legal consequences.
For egg donation, the medical risks associated with ovarian stimulation and oocyte retrieval require particular attention.
Collection and Handling of Gametes
Following the required screening and consent procedures, sperm or eggs may be collected.
The collection must comply with the medical and operational standards applicable to ART institutions.
The gametes may subsequently be processed, preserved and supplied for legally permitted assisted reproductive treatment.
Record-Keeping and Confidentiality
ART banks and clinics must maintain the records required under the legislation.
The records serve purposes such as regulatory supervision, traceability and compliance verification.
At the same time, personal information relating to donors and persons receiving treatment is protected by statutory confidentiality requirements.
What Medical Tests Are Required for Egg and Sperm Donors?
Rule 10 of the ART Rules, 2022, requires screening of sperm and oocyte donors for specified infectious diseases.
The prescribed screening includes:
- HIV Types 1 and 2: Screening helps identify infection with the human immunodeficiency virus and manage associated medical risks.
- Hepatitis B: Testing helps detect infection with the hepatitis B virus, which may present risks in reproductive healthcare.
- Hepatitis C: Screening is required to identify hepatitis C infection and reduce risks associated with its transmission.
- Syphilis: The prescribed screening includes the Venereal Disease Research Laboratory (VDRL) test for syphilis.
These tests form part of the statutory donor-screening framework.
Other medical examinations may be clinically necessary depending on the type of donation, medical circumstances and applicable standards.
What Are the Rights of Egg and Sperm Donors in India?
The ART Act establishes safeguards intended to protect persons participating in assisted reproductive procedures.
Important protections concern informed consent, confidentiality, medical safety and legal parentage.
Right to Informed Consent
Donors must participate in the applicable consent process before undergoing gamete collection.
Informed consent is particularly important in egg donation because egg retrieval involves medical intervention.
The consent process must address relevant procedural and medical considerations in accordance with the law.
Right to Confidentiality
Section 21 of the ART Act provides for confidentiality of information concerning persons involved in ART services.
Donor information must be handled in accordance with the statutory confidentiality requirements.
However, confidentiality is not absolute.
Disclosure may be permitted in circumstances recognised by law, including reporting to the National Registry, specified medical emergencies and directions issued by a competent court.
Protection Against Commercial Exploitation
The ART Act restricts commercial dealings involving human gametes.
These restrictions are intended to prevent reproductive cells from being treated as commodities and reduce the possibility of exploitation.
The law therefore distinguishes regulated reproductive healthcare services from prohibited commercial trading in sperm and eggs.
Medical Protection for Egg Donors
Egg donors receive an additional statutory safeguard through mandatory insurance coverage.
Under Section 22 and the applicable rules, the commissioning couple or woman must obtain insurance coverage for the oocyte donor.
This protection addresses complications that may arise in connection with egg retrieval.
Is Insurance Mandatory for Egg Donors in India?
Yes. The ART framework requires insurance coverage for oocyte donors.
Rule 12 of the ART Rules, 2022, specifies that the insurance coverage must extend for 12 months.
The coverage must be sufficient to meet expenses arising from complications associated with oocyte retrieval.
The obligation to obtain insurance rests with the commissioning couple or woman.
This requirement recognises that egg donation involves medical procedures that may carry risks, including complications related to ovarian stimulation and egg retrieval.
The insurance requirement is therefore an important part of the legal protection available to egg donors.
Is Commercial Egg and Sperm Donation Legal in India?
The commercial sale and purchase of human gametes are prohibited under the ART Act.
Section 33 restricts activities involving the commercial trading of human embryos and gametes.
The prohibition extends to certain arrangements involving intermediaries and organisations engaged in prohibited commercial dealings.
Can Egg or Sperm Donors Be Paid?
A distinction must be maintained between prohibited payment for purchasing gametes and expenses associated with lawful medical procedures.
The ART Act does not permit human eggs or sperm to be freely bought and sold as commercial products.
Payment arrangements that amount to prohibited commercial trading may violate the legislation.
Charges for legally permitted clinical services should not be confused with the commercial purchase of donor gametes.
The legality of any proposed payment must therefore be assessed against the specific statutory prohibitions and applicable rules.
Punishment for Illegal Sale of Eggs and Sperm
Section 33 provides penalties for specified prohibited activities involving human gametes and embryos.
For a first contravention of the relevant prohibitions, the punishment is a fine ranging from ₹5 lakh to ₹10 lakh.
For subsequent contraventions, the punishment may include imprisonment for a term ranging from three to eight years and a fine ranging from ₹10 lakh to ₹20 lakh.
The applicable punishment depends on the offence established under the Act.
Who Are the Legal Parents of a Child Born Through Donated Eggs or Sperm?
Section 31 of the ART Act determines the legal status of children born through assisted reproductive technology.
It provides that a child born through ART is deemed to be the biological child of the commissioning couple.
The child is entitled to the rights and privileges available to a natural child of that couple.
The provision also requires gamete donors to relinquish their parental rights over children born through their donated gametes.
Does an Egg Donor Have Parental Rights?
No. An egg donor does not acquire parental rights over a child merely because her donated egg was used in the child’s conception.
The legal framework separates the biological contribution of a donor from the parental status recognised under the ART Act.
Consequently, egg donation does not itself create a legal mother-child relationship between the donor and the child.
Does a Sperm Donor Have Parental Rights?
No. A sperm donor is not recognised as the legal father of a child merely because his sperm was used in an ART procedure.
Section 31 requires the donor to relinquish parental rights over the resulting child.
The legal consequences of donor-assisted reproduction are therefore determined by the statutory framework rather than solely by genetic contribution.
For cases involving a commissioning woman, the applicable provisions concerning her status and the child’s rights must be read together with the relevant ART requirements.
Can Donated Eggs and Sperm Be Stored in India?
Yes. Donated gametes may be stored within the legally regulated ART framework.
Section 28 of the ART Act deals with storage and handling requirements.
The Act provides for a maximum storage period of ten years for gametes and embryos.
After the prescribed period, the statutory requirements concerning disposal or permissible use for research become relevant.
Storage must comply with the requirements applicable to ART clinics and banks.
The purpose of these rules is to ensure that reproductive material is handled responsibly, remains traceable and is not used outside legally permitted purposes.
Can Eggs and Sperm Be Transferred Outside India?
The ART Act restricts the sale, transfer and use of gametes, zygotes and embryos within or outside India.
Section 29 establishes the principal restrictions.
However, the Act recognises an exception concerning the transfer of a person’s own gametes or embryos for personal use, subject to permission from the National Board.
The ART Amendment Rules, 2023, prescribe additional procedures and documentation for such transfers.
Accordingly, transferring reproductive material internationally is not an unrestricted activity.
The applicable legal permission and procedural requirements must be satisfied before any transfer covered by the legislation is undertaken.
Can Donor Eggs or Sperm Be Used for Surrogacy in India?
Yes, donor gametes may be used in certain surrogacy arrangements, subject to the conditions prescribed under the Surrogacy (Regulation) Rules, 2022, as amended in 2024.
The rules distinguish between intending couples and eligible intending women.
Use of Donor Gametes by an Intending Couple
Under the 2024 amendment, an intending couple may use a donor gamete where the District Medical Board certifies that a medical condition affecting either spouse makes its use necessary.
At least one gamete must come from the intending couple.
This means that the amended framework does not generally permit both the egg and sperm to come from outside donors in such surrogacy arrangements.
Use of Donor Sperm by an Intending Woman
For an eligible single intending woman who is a widow or divorcee, the amended rules specify the use of her own eggs and donor sperm.
This requirement is specific to the surrogacy framework.
It must not be treated as a general restriction governing every assisted reproductive procedure involving donor sperm.
What Are the Responsibilities of ART Banks and Clinics?
Registered ART banks and clinics play an important role in implementing the legal requirements governing gamete donation.
Their responsibilities extend beyond the collection and use of reproductive material.
Compliance with Registration Requirements
ART institutions must obtain and maintain the registration required under the Act.
Registration establishes regulatory oversight and helps ensure that institutions meet the prescribed standards.
Donor Screening and Verification
ART banks must recruit donors within the statutory eligibility limits.
They must also comply with prescribed screening requirements before donor gametes are supplied.
Maintaining Proper Records
The Act requires regulated institutions to maintain relevant records.
These records help establish compliance with donor restrictions, confidentiality obligations and other statutory requirements.
Preventing Unlawful Commercial Dealings
ART institutions must not participate in activities prohibited under the legislation.
This includes prohibited commercial trading in human gametes and embryos.
Institutions must also comply with the restrictions governing the supply and handling of donor gametes.
Legal and Ethical Issues Associated with Egg and Sperm Donation
Egg and sperm donation raises several legal and ethical questions beyond the medical aspects of fertility treatment.
Protection of Donor Health
Egg donation involves medical procedures that may create physical risks.
The statutory lifetime donation restriction, oocyte retrieval limit and insurance requirements are important safeguards.
Sperm donation also requires appropriate screening and compliance with the applicable medical standards.
Privacy and Confidentiality
Donor-assisted reproduction involves sensitive personal and medical information.
Maintaining confidentiality is important for protecting the right to privacy of donors, commissioning persons and children born through ART.
At the same time, the law recognises limited circumstances in which information may need to be disclosed for regulatory, medical or judicial purposes.
Rights of Children Born Through Donation
Questions concerning parentage, inheritance and legal recognition are significant in donor-assisted reproduction.
Section 31 seeks to provide legal certainty by recognising the status of children born through ART and separating donor status from parental rights.
Prevention of Exploitation
Financial pressure and unequal bargaining power may create risks of exploitation, particularly in procedures involving invasive medical intervention.
The restrictions on commercial trading and repeated egg donation seek to address such concerns.
Effective implementation also depends on compliance by ART institutions and appropriate regulatory supervision.
Conclusion
Egg and sperm donation is legally permitted in India, but it is subject to a comprehensive regulatory framework under the Assisted Reproductive Technology (Regulation) Act, 2021, and the ART Rules, 2022.
The law establishes specific donor age limits, mandatory screening requirements, restrictions on egg donation, safeguards concerning consent and confidentiality, and prohibitions against commercial trading in human gametes.
It also regulates the responsibilities of ART banks and clinics, the storage and transfer of reproductive material and the legal status of children born through assisted reproductive technology.
The restrictions on egg donation, mandatory insurance for oocyte donors and rules governing parental rights are particularly important features of the legislation.
Where donated gametes are used in surrogacy, additional requirements under the Surrogacy (Regulation) Act and its amended rules apply.
Together, these provisions establish the legal framework for protecting donors, regulating fertility treatment and determining the rights and responsibilities arising from egg and sperm donation in India.
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