Egg Donation in India and Sri Lanka for Singaporeans of Indian Ethnicity

[Angelica Cheng]

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.

https://main.icmr.nic.in/sites/default/files/guidelines/ART%20REGULATION%20Draft%20Rules%201.pdf

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

Donors should be healthy (as determined by medical and psychological examination, screening for STDs, and absence of HIV antibodies) women in the age group of 21-35 years. The recipient should be a healthy woman (determined by medical and psychological examination) having normal genitalia (as determined by physical examination) and uterine cavity (as determined by hysterosalpingography). In case of OD, the semen characteristics of the husband must be determined to see if they are in conformity with those associated with normal fertility. The blood group of the donor should be noted; the donor should also be tested for HIV, HBsAg, HCV and VDRL


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:

 

[Angelica Cheng]

More recently, the Assisted Reproductive Technology (Regulation) Bill (2020) was introduced to the Lok Sabha (Indian Parliament) on September 14, 2020. It has not yet be enacted, and aims to regulate ART banks and clinics, allow safe and ethical practice of ARTs and protect women and children from exploitation. The Bill was introduced to supplement the Surrogacy (Regulation) Bill, 2019 (SRB), which awaits consideration by the Rajya Sabha after review by two parliamentary committees.

Assisted Reproductive Technology Bill needs a thorough review

Assisted Reproductive Technology Bill raises constitutional, medico-legal, regulatory concerns. It needs a thorough review.

indianexpress.com

Criticisms of the new bill with regards to Egg Donation:

The ART Bill does not do what it says on the label. It does little to protect the egg donor. Harvesting of eggs is an invasive process which, if performed incorrectly, can result in death. The Bill requires an egg donor’s written consent but does not provide for her counselling or the ability to withdraw her consent before or during the procedure (unlike for commissioning parties). She receives no compensation or reimbursement of expenses for loss of salary, time and effort. Failing to pay for bodily services constitutes unfree labour, which is prohibited by Article 23 of the Constitution. The commissioning parties only need to obtain an insurance policy in her name for medical complications or death; no amount or duration is specified. The egg donor’s interests are subordinated in a Bill proposed in her name. The Bill restricts egg donation to a married woman with a child (at least three years old). Even here, egg donation as an altruistic act is possible only once a woman has fulfilled her duties to the patriarchal institution of marriage.

 

[Angelica Cheng]

Currently, not much is known about the regulation of Egg Donation in Sri Lanka. However, these two IVF clinics offer Egg Donor option:

Fertility

ninewellshospital.lk

FERTILITY SERVICES

vindana.lk

 

[Angelica Cheng]

Egg Donation in India - An Overview of the New Law

Egg donation is a significant aspect of (ART) that allows women facing infertility or genetic disorders to conceive a child.

internationalfertilitycentre.com

Egg Donation​

Egg donation is a significant aspect of assisted reproductive technology (ART) that allows women facing infertility or genetic disorders to conceive a child. India implemented a new law governing egg donation. This article provides an overview of the new law and its implications for egg donation in India.
India has been a hub for medical tourism, including fertility treatments, due to its advanced ART facilities, skilled medical professionals, and cost-effective options. To address these issues, the Indian government introduced the new law to regulate and streamline the process of egg donation.

Key Provisions of the New Law about Egg Donation in India:​

Eligibility Criteria for Egg Donors:​

The law establishes specific eligibility criteria for individuals who wish to donate eggs. Donors must be between the ages of 23 and 35, free from genetic disorders, and in good physical and mental health. They are required to undergo thorough medical examinations to ensure the health and quality of the donated eggs.

Informed Consent:​

The law emphasizes the importance of informed consent from both donors and recipients. Donors must provide written consent, clearly understanding the procedure, its potential risks, and the legal implications involved. Similarly, recipients must also provide informed consent, acknowledging the use of donated eggs and the potential implications for their future child.

Confidentiality and Anonymity:​

The new law upholds the principle of donor anonymity, ensuring that the identities of both donors and recipients remain confidential. This provision is in place to protect the privacy and prevent any potential social or legal complications that may arise from disclosing personal information.

Financial Compensation and Expenses:​

Egg donation is a procedure in which a person provides her oocyte with the objective of enabling an infertile couple or woman to have a child without any monitory help. However, it prohibits any form of commercialization or exploitation of egg donation. The compensation should be reasonable and intended to cover the donor’s expenses, such as medical tests, travel, and accommodation.

Protection of Donor and Recipient Rights:​

The law emphasizes the protection of the rights and well-being of both donors and recipients. It prohibits any form of exploitation, coercion, or discrimination based on caste, religion, or marital status. Donors and recipients have the right to confidentiality, access to medical information, and the freedom to withdraw consent at any stage of the process.

Impact and Future Considerations:​

The implementation of the new law brings several benefits and considerations for egg donation in India. Firstly, it ensures the protection of donors’ rights and prevents their exploitation. The establishment of regulatory bodies enhances oversight and promotes ethical practices within the ART industry.