Egg Donation in India: Regulatory Gaps and Need for Effective Safeguards in the Fertility Industry

15 Nov 2026

Tags: Social Justice   Social Services   Health sector issues

Source: The Indian Express

Context: On October 31, Hyderabad Police rescued 43 women allegedly recruited through an egg-donation trafficking network across different States.

• The women were reportedly promised ₹20,000–30,000 per donation cycle, with the accused allegedly linked to 23 IVF centres.
• Police seized Humog HP 150 IU, a prescription drug used for ovarian stimulation, along with other medicines.
• The incident highlights gaps in the implementation of the Assisted Reproductive Technology (Regulation) Act, 2021.

Evidence of Exploitation in Egg Donation

• Hyderabad (2026): 43 women were rescued from an alleged trafficking network involving brokers and IVF centres.
• Erode, Tamil Nadu (2022): A 16-year-old girl alleged that her family forced her to sell her eggs to hospitals in multiple States over four years.
• Varanasi (2023): Four people were arrested for taking a 17-year-old girl to an IVF centre after tampering with her Aadhaar card and presenting her as a married woman.
• Common patterns: Recruitment through brokers, exploitation of economically vulnerable women, falsification of documents and inadequate verification by fertility centres.

Legal Safeguards under the ART Act, 2021

• Section 27 – Regulation of donor screening: Only registered Assisted Reproductive Technology (ART) banks can screen egg donors and provide them to ART clinics.
• Section 21(b) – Sourcing of gametes: ART clinics must obtain gametes (eggs and sperm) only from registered ART banks.
• Eligibility and limits: A woman can donate eggs only once in her lifetime, must be aged 23–35 years, and a maximum of seven eggs can be retrieved from her.
• Section 33 – Prohibition of intermediaries: Medical practitioners cannot use intermediaries or brokers to procure donors. First offence attracts a fine of ₹5–10 lakh; subsequent offences attract imprisonment of 3–8 years and a fine of ₹10–20 lakh.
• Section 22(1)(b) – Donor protection: Requires 12-month health insurance coverage for egg donors.

Regulatory and Enforcement Gaps

• Illegal brokerage continues: Despite the statutory prohibition, brokers recruit women across State boundaries, possibly due to the gap between demand for donor eggs and the limited pool of legally eligible donors.
• Mismatch in facility estimates: As of October 31, the National ART and Surrogacy Registry listed 4,726 registered clinics and 940 ART banks, significantly below academic estimates of approximately 40,000 clinics.
• Inadequate inspections: The Department of Health Research's (DHR) 2025–26 Annual Report provides information on registry portal forms and permissions but does not adequately disclose inspections, violations or prosecutions.
• Incomplete donor information system: The mechanism for collecting donor information from ART clinics and banks has only been piloted, limiting effective monitoring of repeat donations.
• Weak registry transparency: ART banks must maintain donor records and update the National Registry. However, publicly available information on the frequency of updates and verification of donor details remains limited.
• Limited accountability: Enforcement largely depends on National and State ART and Surrogacy Boards, as courts can take cognisance of offences under the Act only on complaints by these Boards or their authorised officers under Section 35.
• Non-disclosure of annual reports: Rule 5 of the ART Rules, 2022, requires the Boards to submit annual reports to the government, but the DHR's 2025–26 report does not include the National Board's report.

Institutional and Regulatory Framework

• National ART and Surrogacy Registry: Maintains information on registered ART clinics, banks and relevant donor records to facilitate regulatory monitoring.
• National and State ART and Surrogacy Boards: Oversee implementation of the legislation, advise governments, monitor regulatory compliance and support enforcement.
• Appropriate Authority: Responsible for granting, suspending or cancelling registration and ensuring compliance with the ART Act and Rules.

Concerns Regarding Women's Health and Rights

• Medical risks: Ovarian stimulation involves hormonal injections, which can cause complications and require appropriate medical monitoring.
• Economic vulnerability: Financially disadvantaged women may be coerced or exploited through monetary inducements and brokers.
• Child protection: Cases involving minors highlight the need for strict age verification and protection against forced egg donation.
• Victim-centric approach: Women recruited through illegal brokers should be treated as potential victims and witnesses rather than accused, and provided independent medical care and legally mandated health insurance.

Way Forward

• Strengthen inspections: Conduct regular inspections of ART banks and clinics, including verification of donor registers and recruitment procedures.
• Operationalise the Registry: Ensure real-time updating and verification of donor records to prevent repeat donations and identify fraudulent documentation.
• Improve transparency: Union and State governments should publish annual Board reports, inspection findings, suspensions, violations and prosecutions.
• Fix institutional accountability: Hold ART clinics and medical practitioners accountable for sourcing donors through illegal intermediaries.
• Protect donors: Provide independent medical care, monitoring for complications and mandatory 12-month health insurance coverage.
• Inter-State coordination: Strengthen coordination among State authorities to identify trafficking networks and prevent illegal recruitment across State boundaries.

Relevant Legislation

• Assisted Reproductive Technology (Regulation) Act, 2021: Regulates ART services, clinics and banks; establishes donor eligibility conditions and safeguards against exploitation.
• Assisted Reproductive Technology (Regulation) Rules, 2022: Provide operational details for implementing the Act, including regulatory and reporting requirements.
• Surrogacy (Regulation) Act, 2021: Regulates surrogacy practices and prohibits commercial surrogacy while providing a framework for permissible altruistic surrogacy.