Egg Donation in India: Legal Framework, Eligibility, and Process (2024)

Egg donation has become a vital component of assisted reproductive technologies (ART) in India, offering hope to individuals and couples facing fertility challenges. With the enactment of the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, along with subsequent amendments, the legal landscape governing egg donation has been clearly defined to ensure ethical practices and protect the rights of all parties involved.

Legal Framework Governing Egg Donation

The Assisted Reproductive Technology (Regulation) Act, 2021, provides a comprehensive legal structure for ART procedures, including egg donation. Key provisions include:​

  • Anonymity: Egg donation is strictly anonymous. The identities of both the donor and the recipient are kept confidential to protect privacy.​

  • Non-commercialization: Commercial trading or sale of human gametes, including eggs, is prohibited. Donors may receive reasonable compensation for expenses incurred but not for the donation itself.​

  • Clinic Registration: Only clinics registered with the National ART and Surrogacy Board are authorized to conduct egg donation procedures.​

Additionally, the Surrogacy (Regulation) Amendment Rules, 2024, have allowed the use of donor eggs in surrogacy arrangements, provided that at least one gamete (egg or sperm) is from the intending couple.

Eligibility Criteria for Egg Donors

To ensure the safety and health of both donors and recipients, strict eligibility criteria have been established:​

  • Age: Donors must be between 23 and 35 years old.​

  • Health: Donors should be in good physical and mental health, free from genetic disorders, and must undergo thorough medical and psychological evaluations.

  • Parental Status: Donors must have at least one child of their own, demonstrating proven fertility.​

  • Donation Frequency: A woman is permitted to donate eggs only once in her lifetime, and no more than seven eggs should be retrieved during the procedure. ​

  • Legal Documentation: Donors are required to complete legal formalities, including an affidavit confirming they have not donated eggs previously.

Egg Donation Process

The egg donation process involves several steps to ensure the safety and success of the procedure:​

  1. Donor Screening: Potential donors undergo comprehensive medical and psychological evaluations to assess their suitability.​

  2. Legal Agreements: Both donors and recipients enter into legal agreements outlining the terms of the donation, confidentiality clauses, and the relinquishment of parental rights by the donor.​

  3. Ovarian Stimulation: Donors receive hormonal treatments to stimulate the ovaries to produce multiple eggs.​

  4. Egg Retrieval: Eggs are retrieved through a minor surgical procedure under sedation.​

  5. Fertilization and Embryo Transfer: The retrieved eggs are fertilized with sperm in a laboratory, and the resulting embryos are transferred to the recipient’s uterus.

Egg Donation in Surrogacy

With the amendment to the Surrogacy (Regulation) Rules in 2024, the use of donor eggs in surrogacy is permitted under specific conditions:​

  • Medical Necessity: A medical board must certify that one of the intending parents is unable to produce viable gametes.​

  • Genetic Link: At least one gamete used in the surrogacy process must be from the intending couple, ensuring a genetic connection to the child.

Rights and Protections for Donors

The legal framework ensures several protections for egg donors:

  • Confidentiality: Donors’ identities are kept confidential, and their personal information cannot be disclosed without consent.​

  • Informed Consent: Donors must provide informed consent after understanding the medical procedures, risks, and legal implications.​

  • Compensation: While commercialization is prohibited, donors may receive reasonable compensation for expenses related to the donation process. ​

Conclusion

Egg donation in India is governed by a robust legal framework aimed at ensuring ethical practices, protecting the rights of donors and recipients, and preventing exploitation. With clear eligibility criteria, a well-defined process, and legal safeguards, egg donation continues to be a viable option for individuals and couples seeking to build their families through assisted reproductive technologies.