Egg Donation in India

Egg Donor Compensation in India

In India, compensation for egg and sperm donors is strictly regulated to prevent commercialization. According to the Indian Council of Medical Research (ICMR) guidelines, donors are allowed to receive reimbursement for expenses incurred during the donation process, such as travel, lost wages, and medical expenses. However, this compensation must remain non-commercial and altruistic, meaning donors should not receive payment beyond these incurred costs.

The compensation and reimbursement amounts are determined by individual clinics and must be within reasonable limits to cover actual expenses. Clinic must maintain detailed records and ensure transparency in the compensation process to avoid any form of exploitation.

Anonymous, Open, and Known Donation in India

In India, the framework for egg and sperm donation primarily supports anonymous donation. Under this system, the identity of the donor is kept confidential by the clinics, and recipients are only given non-identifying information such as the donor's age, physical characteristics, and health history. This method complies with the guidelines established by the Indian Council of Medical Research (ICMR). 

The concept of open donation is not widely practiced in India. The regulations and social norms around ART emphasize anonymity. Although some clinics might facilitate agreements where donor-conceived children can access identifying information about their donors at a certain age, such arrangements are rare and typically involve rigorous consent and legal frameworks to ensure all parties are aware of and agree to the terms of information sharing.

Known donation, where the donor is known to the recipient, is regulated under specific conditions to prevent exploitation and ensure ethical practices. This type of donation involves the donor being a family member or friend of the recipient. Despite the personal nature of these donations, Indian regulations require thorough medical and psychological screenings and detailed informed consent procedures.

Import and Export of Gametes in India 

In India, the import and export of gametes (sperm and eggs) are regulated by the ART Amendment Rules, 2023. Individuals who intend to import or export their own gametes or embryos for personal use must apply for prior permission from the National Board. The process involves submitting detailed affidavits from both the clinic holding the gametes or embryos and the clinic receiving them, ensuring transparency and accountability in the transfer process. Export of donor gametes to another country for commercial use is not allowed.

Surrogacy in India

The Surrogacy (Regulation) Act of 2021 in India establishes a legal framework for surrogacy, permitting only altruistic surrogacy while banning commercial surrogacy. The Act restricts surrogacy services to Indian citizens only, and specifies that surrogates must be married women aged 25 to 35 who have at least one biological child. It restricts surrogacy to Indian citizens and prohibits surrogacy for foreign nationals. OCI cardholders are not permitted to engage in surrogacy arrangements in India. 

Surrogates can only participate in one surrogacy arrangement in their lifetime and must undergo comprehensive medical and psychological screenings. The law ensures informed consent, mandates legal agreements, and safeguards the surrogate's and child's rights, stipulating that the surrogate has no parental rights over the child after birth.

Non-commercial compensation for surrogates in India is allowed, and can include reimbursement for medical expenses, insurance coverage, and other reasonable expenses incurred due to the surrogacy, such as lost wages, travel costs, and nutritional needs. However, the act strictly prohibits any form of monetary compensation beyond these reimbursable expenses, ensuring that surrogacy remains altruistic. 

Intended parents must be legally married for at least five years if opting for surrogacy. 

Summary of Conditions for Surrogates and Surrogacy in India

• Marital Status: Surrogates must be married women.

• Age: Surrogates should be between the ages of 25 and 35.

• Previous Births: Surrogates must have at least one healthy child of their own.

• Number of Surrogacies: A woman can be a surrogate only once in her lifetime.

• Medical Fitness: Surrogates must undergo a comprehensive medical and psychological screening to ensure they are fit for surrogacy.

• Consent: Informed consent is required, ensuring that surrogates fully understand the medical, legal, and psychological implications of surrogacy.

• Residency: Surrogates must be Indian citizens.

• Relationship to Intended Parents: Surrogates should not be a close relative of the intended parents, ensuring no familial coercion or exploitation.

• Compensation: Only altruistic surrogacy is allowed, where the surrogate mother receives no monetary compensation beyond medical expenses and insurance coverage.

• Legal Agreement: A legal surrogacy agreement must be signed by the surrogate, the intended parents, and the ART clinic, detailing all rights and responsibilities.

• Post-Birth Custody: The surrogate has no parental rights over the child after birth, and the child is legally the offspring of the intended parents.

• Surveillance and Reporting: Surrogacy arrangements must be monitored and reported to the appropriate regulatory bodies to ensure compliance with the law.