Legal Protections for Egg Donors and Surrogates in India

Surrogates in India

India has long been a destination for assisted reproductive technologies (ART), including surrogates in India and egg donation. Many intended parents seek to become a surrogate in India or find reliable programs, making it essential to understand the legal protections in place. These laws aim to safeguard the rights and well-being of women involved, prevent exploitation, and ensure ethical practices in ART.

Egg Donation in India

Egg donation is legal and regulated by the Assisted Reproductive Technology (Regulation) Act, 2021, along with Indian Council of Medical Research (ICMR) guidelines. These frameworks protect both donors and recipients, ensuring safety and transparency.

  • Eligibility and Consent: Women interested in being an egg donor must be between 23 and 35 years old, in good physical and mental health, and free from genetic disorders. They undergo thorough medical evaluations to ensure the quality of donated eggs. Those looking for egg donor services can rely on registered clinics and certified egg donor agency in India for guidance and safe procedures.
  • Compensation and Anonymity: Donors are entitled to reasonable compensation for their time, effort and medical expenses. Commercialization of egg donation is strictly prohibited. Donor anonymity is also maintained to protect privacy, allowing women being an egg donor to participate safely and confidentially.
  • Legal Rights: Egg donors relinquish all parental rights. Indian courts, including the Bombay High Court, have affirmed that donors cannot claim legal rights over a child, ensuring clarity for both donors and intended parents. Those looking for egg donor options can be confident in the legal safeguards provided.

Surrogacy in India

The surrogates in India system has evolved significantly, especially with the introduction of the Surrogacy (Regulation) Act, 2021. Commercial surrogacy is banned, and only altruistic surrogacy is permitted for eligible Indian heterosexual couples.

  • Eligibility of Intended Parents: Only married Indian couples, married for at least five years and unable to conceive naturally, can legally pursue surrogacy. Foreign nationals and single men are not eligible to become a surrogate in India as intended parents.
  • Eligibility of Surrogates: A surrogate mother must be a close relative of the intended parents, aged 25–35, married and have at least one successful pregnancy. Understanding who is a surrogate mom helps intended parents choose suitable candidates. Certified surrogate mother agency services can guide women interested in being a surrogate mother safely through the process.
  • Legal Process: All surrogacy arrangements must be formalized through a legal contract outlining the rights and responsibilities of the surrogate mother, intended parents and agencies involved. These agreements must be registered with authorities to ensure compliance. Many couples searching for surrogate programs near me can access trustworthy guidance from registered agencies.

Enforcement and Compliance

To ensure compliance, regulatory bodies oversee ART clinics and surrogacy arrangements. Clinics found violating these rules face penalties, including fines or license cancellation. Those using surrogate mother agency or egg donor agency in India services can rest assured that ethical practices are being followed.

Become a Surrogates

Challenges and Considerations

Despite strong legal protections, challenges remain. Reports of illegal surrogacy and egg donation rackets highlight the importance of following legal procedures. Intended parents seeking surrogate programs near me or looking for egg donor support should always rely on registered agencies and certified professionals to avoid legal or ethical complications.

Conclusion

India’s legal frameworks for surrogates in India, egg donors, and surrogacy ensure the safety, rights, and well-being of women involved. Whether being an egg donor, becoming a surrogate in India, or finding reliable surrogate mother agency support, adherence to these laws ensures ethical practices and fosters responsible advancement of ART in the country.

Start Your Journey with Indian Egg Donors

Whether you want to become an egg donor or find a surrogate in India, Indian Egg Donors provides expert guidance, legal compliance, and ethical support. Reach out today and explore your options with confidence.

Frequently Asked Questions:- 

Q: Who can donate eggs in India?

Ans : Healthy women aged 23–35 with no genetic disorders. Those being an egg donor can register with a certified egg donor agency in India to ensure a safe process.

Q: Are egg donors paid in India?

Ans : Yes, for time, effort, and medical expenses. However, commercial donation is banned, and those looking for egg donor services should follow legal guidelines.

Q: Who can become a surrogate mother?

Ans : Married women 25–35 with at least one child, usually a relative. Understanding who is a surrogate mom helps intended parents become a surrogate in India safely.

Q: Is commercial surrogacy legal in India?

Ans : No, only altruistic surrogacy is allowed. Prospective parents seeking surrogate programs near me or a registered surrogate mother agency can access ethical services.

Q: Do egg donors or surrogates have parental rights?

Ans : No, they legally relinquish all parental rights after donation or birth. All legal protections apply to surrogate mother and egg donors to safeguard their rights.

Dr. Veera Saghar
Physician – Donor Coordinator  veera@surrogacy4all.com

As an Egg Donor Coordinator, she plays a critical role in our company. Her background as a medical graduate from ISRA UNIVERSITY in Pakistan provides us with a solid foundation in the medical sciences. She has seven years of clinical experience practicing in the USA. This has given her firsthand experience when collaborating with patients and their families.

She is responsible for managing the process of egg donation from start to finish. We identify and screen potential egg donors.

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