Angelica Cheng
Active Member
Commercialized Egg Donation is legal in India, and Foreigners are allowed access to Egg Donation programs at IVF clinics in India.
Currently, Egg Donation in India is governed by Section 4.7.1 of the
THE ASSISTED REPRODUCTIVE TECHNOLOGIES (REGULATION) RULES - 2010
Please see Page 21 of the following pdf document. The Contract form for Egg Donors (Form R1) is on Page 75 of the pdf document.
4.7 Oocyte donation (OD) or embryo donation (ED)
Oocyte donation would involve fertilizing the oocyte(s) of an anonymous oocyte donor with the husband’s sperm and transferring the resultant embryo into the infertile female partner. Embryo donation involves transferring of an embryo generated using anonymous oocyte and sperm donors into the female partner.
4.7.1 Indications for oocyte donation
Examples are:
FORM - R1
Contract between the ART bank and the Oocyte Donor (See Rule 15.1)
The ART bank and the Donor agree to come into this contract today on the _______ day of _____________ month, 2008, in __________ as per the following conditions. First Part being ___________ ART bank, having its office at _________________, and the registered office at _________________________, herein referred to as the Bank (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include legal representatives, administrators, etc., of the said Bank); And Second Part being Ms. __________________________ aged __________ residing at _________________________________________________________________ ___________________________________________________________________, herein referred to as the Donor (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include legal representatives, administrators, etc., of the said Clinic)
Whereas
1. The first part is ART bank that is established, amongst other purposes, to collect, screen and supply oocyte donor to ART clinics for use in ART procedures.
2. The second part is an individual who has willingly agreed to donate her oocytes to the ART clinic against a consideration for the same.
3. That the Bank and the Donor have, therefore, come to form this contract to facilitate the process with the laid down terms and conditions.
NOW THIS INDENTURE WITNESSETH THAT:
1. The Bank agrees to screen and select oocyte donors and to supply them to ART clinics desiring of oocyte donors as per the rules laid down in the ART (Regulation) Act.
2. The Donor agrees to disclose the true facts of herself and not to suppress any personal details to the Bank, including family history, genetic background, criminal background, religion, etc. The Bank agrees to keep all information about the Donor confidential. No information shall be declared by the Bank accept by an order of a court or to the Indian Council of Medical Research. If any information is suppressed by the Donor and that suppression causes any damage in the ART procedure or to the patient, then the Bank will not be responsible for it but only the Donor will be responsible and punishable under the provisions of law. 76
3. The Donor agrees to relinquish all parental rights over the child, which may be conceived from his gamete.
4. The Donor, if married, agrees to take consent of her husband before donating her oocytes and also produce the same before the bank at the time of signing this agreement.
5. The Bank agrees to inform the Donor about all the tests that would be necessary for the safety and protection of the ART procedure. The Donor agrees to undergo all the tests required by the Bank. The Bank also agrees to inform the Donor about the results of the above tests.
6. The Donor agrees to be assigned to any ART clinic as directed by the Bank for the purposes of undergoing oocyte donation.
7. The Donor agrees to undergo ovarian stimulation by taking regular medication as directed by the ART clinic and come regularly for follow up as directed.
8. The donor has been adequately counseled by the Bank about the procedure and its potential complications.
9. The Donor agrees not to discontinue treatment midway except on medical advice of the ART clinic.
10. The Bank agrees to pay the Donor a sum of Rs.____________________ for each oocyte donation procedure. Ten per cent of the above sum shall be paid to the Donor by the Bank on initiation of stimulation by the ART clinic; the remaining ninety per cent shall be paid to her after oocyte donation.
11. The Donor agrees to accept the above amount and thereafter makes no other demands for the donation of oocyte by her.
12. The Bank and the Donor agree to abide by all the relevant provisions of Chapters V and VII, relating to “sourcing, storage, handling and record keeping for gametes, embryos and surrogate”, and rights and duties of patients, donors, surrogates and children”, respectively, of the ART (Regulation) Act.
13. This agreement is signed by both the parties after a clear understanding of all the issues involved, and in full senses and under no pressure from any person.
First Part Second Part
Witness 1 Witness 2
Name, address and telephone number of the witnesses:
Currently, Egg Donation in India is governed by Section 4.7.1 of the
THE ASSISTED REPRODUCTIVE TECHNOLOGIES (REGULATION) RULES - 2010
Please see Page 21 of the following pdf document. The Contract form for Egg Donors (Form R1) is on Page 75 of the pdf document.
4.7 Oocyte donation (OD) or embryo donation (ED)
Oocyte donation would involve fertilizing the oocyte(s) of an anonymous oocyte donor with the husband’s sperm and transferring the resultant embryo into the infertile female partner. Embryo donation involves transferring of an embryo generated using anonymous oocyte and sperm donors into the female partner.
4.7.1 Indications for oocyte donation
Examples are:
- Gonadal dysgenesis.
- Premature ovarian failure.
- Iatrogenic ovarian failure due to ovarian surgery or radiation, or chemical castration.
- Women who have resistant ovary syndrome, or who are poor responders to ovulation induction.
- Women who are carriers of recessive autosomal disorders.
- Women who have attained menopause
FORM - R1
Contract between the ART bank and the Oocyte Donor (See Rule 15.1)
The ART bank and the Donor agree to come into this contract today on the _______ day of _____________ month, 2008, in __________ as per the following conditions. First Part being ___________ ART bank, having its office at _________________, and the registered office at _________________________, herein referred to as the Bank (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include legal representatives, administrators, etc., of the said Bank); And Second Part being Ms. __________________________ aged __________ residing at _________________________________________________________________ ___________________________________________________________________, herein referred to as the Donor (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include legal representatives, administrators, etc., of the said Clinic)
Whereas
1. The first part is ART bank that is established, amongst other purposes, to collect, screen and supply oocyte donor to ART clinics for use in ART procedures.
2. The second part is an individual who has willingly agreed to donate her oocytes to the ART clinic against a consideration for the same.
3. That the Bank and the Donor have, therefore, come to form this contract to facilitate the process with the laid down terms and conditions.
NOW THIS INDENTURE WITNESSETH THAT:
1. The Bank agrees to screen and select oocyte donors and to supply them to ART clinics desiring of oocyte donors as per the rules laid down in the ART (Regulation) Act.
2. The Donor agrees to disclose the true facts of herself and not to suppress any personal details to the Bank, including family history, genetic background, criminal background, religion, etc. The Bank agrees to keep all information about the Donor confidential. No information shall be declared by the Bank accept by an order of a court or to the Indian Council of Medical Research. If any information is suppressed by the Donor and that suppression causes any damage in the ART procedure or to the patient, then the Bank will not be responsible for it but only the Donor will be responsible and punishable under the provisions of law. 76
3. The Donor agrees to relinquish all parental rights over the child, which may be conceived from his gamete.
4. The Donor, if married, agrees to take consent of her husband before donating her oocytes and also produce the same before the bank at the time of signing this agreement.
5. The Bank agrees to inform the Donor about all the tests that would be necessary for the safety and protection of the ART procedure. The Donor agrees to undergo all the tests required by the Bank. The Bank also agrees to inform the Donor about the results of the above tests.
6. The Donor agrees to be assigned to any ART clinic as directed by the Bank for the purposes of undergoing oocyte donation.
7. The Donor agrees to undergo ovarian stimulation by taking regular medication as directed by the ART clinic and come regularly for follow up as directed.
8. The donor has been adequately counseled by the Bank about the procedure and its potential complications.
9. The Donor agrees not to discontinue treatment midway except on medical advice of the ART clinic.
10. The Bank agrees to pay the Donor a sum of Rs.____________________ for each oocyte donation procedure. Ten per cent of the above sum shall be paid to the Donor by the Bank on initiation of stimulation by the ART clinic; the remaining ninety per cent shall be paid to her after oocyte donation.
11. The Donor agrees to accept the above amount and thereafter makes no other demands for the donation of oocyte by her.
12. The Bank and the Donor agree to abide by all the relevant provisions of Chapters V and VII, relating to “sourcing, storage, handling and record keeping for gametes, embryos and surrogate”, and rights and duties of patients, donors, surrogates and children”, respectively, of the ART (Regulation) Act.
13. This agreement is signed by both the parties after a clear understanding of all the issues involved, and in full senses and under no pressure from any person.
First Part Second Part
Witness 1 Witness 2
Name, address and telephone number of the witnesses:
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