The Assisted Reproductive Technology (Regulation) Act 2021
Regulates ART clinics and banks, defining who can donate, anonymity laws, and screening protocols.
Compassionate & Legal Care
Third Party Reproduction: Donor Egg, Donor Sperm and Surrogacy at Samarth IVF
Third party reproduction refers to fertility treatment in which eggs, sperm, or the uterus of a third person (the donor or surrogate) are used to help a couple or individual have a child. At Samarth IVF, all third-party reproduction services are provided strictly in accordance with the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021. Our services include donor egg IVF and donor sperm IVF for eligible patients. Surrogacy services are offered only to eligible Indian couples under the strict altruistic framework mandated by law, with the surrogate being a close relative of the intending couple. We do not engage in commercial surrogacy, agency-based matching, or provide services to ineligible categories including foreign nationals, same-sex couples, live-in partners, or single men. All third party reproduction at Samarth IVF is conducted with complete confidentiality, compassionate counselling, and transparent legal guidance.
Legal & EthicalCompliant with ART Act 2021
What is Third Party Reproduction?
Third party reproduction describes any IVF or fertility treatment that involves the gametes (eggs or sperm) or gestational services of a person who is not part of the intended parent couple. The third party may be an egg donor, a sperm donor, or a surrogate who carries the pregnancy.
Third party reproduction enables parenthood for people who cannot conceive using their own genetic material or who cannot carry a pregnancy themselves.
The Legal Framework in India
The Assisted Reproductive Technology (Regulation) Act 2021
Governs all surrogacy arrangements, strictly permitting only altruistic surrogacy and defining eligibility.
In India, third party reproduction is governed by two landmark pieces of legislation:
These laws define who can access third party reproduction, the rights and protections of donors and surrogates, and the obligations of ART clinics. Samarth IVF operates in full compliance with both Acts and all applicable ICMR guidelines.
Donor Egg IVF : (Egg Donation)
Donor egg IVF uses eggs retrieved from a young, healthy, screened egg donor. These eggs are fertilised with the intended father's (or donor) sperm in the Samarth IVF laboratory using ICSI, cultured to the blastocyst stage, and transferred to the intended mother's uterus in a prepared frozen embryo transfer (FET) cycle. The child born from donor egg IVF is genetically related to the intended father and the egg donor, and is carried and delivered by the intended mother.
Who Needs Donor Egg IVF?
Premature ovarian insufficiency (POI):
Women whose ovaries have stopped functioning before age 40 due to autoimmune disease, chromosomal conditions, previous chemotherapy, or unknown causes. With no functional eggs of their own, donor eggs are the only route to pregnancy.
Severely diminished ovarian reserve:
Women with very low AMH (below 0.5 ng/ml) and very low AFC who have failed multiple stimulation cycles with few or no eggs retrieved.
Advanced maternal age with poor egg quality:
Women above 42 to 43 where egg quality is so significantly reduced that IVF with own eggs is unlikely to succeed, and the probability of chromosomal abnormality in any resulting embryo is very high.
Repeated IVF failure due to egg quality:
Women who have had multiple failed IVF cycles where the cause is identified as poor egg quality rather than implantation or uterine factors.
Genetic disease in the female partner:
Where the female partner carries a serious inherited condition that she does not wish to pass to a child, and PGT is not a suitable option.
Surgical menopause:
Women who have undergone bilateral oophorectomy before completing their family.
Turner syndrome and other gonadal dysgenesis:
Women with absent or severely dysfunctional ovaries from birth or due to chromosomal conditions.
Egg Donor Selection & Screening
All egg donors at Samarth IVF are registered with the ART bank as required under the ART Act 2021. Donors undergo comprehensive screening before acceptance into the donor programme:
Age: 23 to 35 years as per ART Act 2021
Medical history: complete personal and family health history review
Genetic screening: karyotype, carrier screening for common genetic conditions
Infectious disease screening: HIV, Hepatitis B, Hepatitis C, VDRL as mandated by ART Act
Ovarian reserve: AMH and antral follicle count to confirm adequate reserve
Psychological assessment: counselling and psychological evaluation
Physical matching: height, weight, blood group, and broad physical characteristics are matched to the intended mother where possible
Donation limit: each donor may donate to a maximum of 3 couples as per ART Act 2021
All egg donations at Samarth IVF are anonymous as required under Indian law. The identity of the donor is not disclosed to the recipient couple, and the identity of the recipient couple is not disclosed to the donor. The child has the right to access non-identifying medical information about the donor when they reach adulthood, as per the ART Act.
Donor Egg IVF Process at Samarth IVF
Consultation and planning:
The intended mother's uterine health is assessed. Hysteroscopy may be recommended. Blood group, physical characteristics, and other matching preferences are recorded.
Donor selection:
A suitable donor is identified from the registered ART bank, matched on blood group and broad physical characteristics.
Synchronisation:
The donor's stimulation cycle and the recipient's endometrial preparation cycle are coordinated. The recipient takes oestrogen to prepare the endometrium.
Donor stimulation and egg retrieval:
The donor undergoes ovarian stimulation and egg retrieval as in a standard IVF cycle.
Fertilisation and embryo culture:
Retrieved eggs are fertilised using the intended father's (or donor) sperm via ICSI and cultured to blastocyst stage.
Embryo transfer:
The best quality blastocyst is transferred to the intended mother's prepared uterus. Surplus blastocysts are vitrified for future FET cycles.
Luteal support and pregnancy test:
Progesterone support is continued after transfer. A pregnancy blood test is performed 14 days after transfer.
Donor Egg IVF What Affects the Outcome
Donor egg IVF consistently achieves the highest pregnancy rates of any IVF treatment because the eggs come from young, screened donors with proven ovarian reserve. The outcome reflects the age of the donor eggs, not the age of the recipient.
Donor egg IVF can significantly improve pregnancy prospects for women with diminished ovarian reserve or advanced maternal age, as the egg quality factor is addressed. However, individual success depends on multiple factors including uterine health, endometrial receptivity, overall medical condition, and embryo quality. We provide personalized success estimates based on comprehensive evaluation during consultation.
Donor Sperm IVF
Donor sperm IVF uses sperm from a registered, screened sperm donor to fertilise the intended mother's eggs. The resulting embryos are transferred to the intended mother's uterus. The child is genetically related to the intended mother (and the sperm donor) and is carried by the intended mother.
Non-obstructive azoospermia:
Men with no sperm in the ejaculate due to failure of sperm production (non-obstructive azoospermia) where surgical retrieval has also failed to find usable sperm.
Severe genetic disease in male partner:
Where the male partner carries a serious inherited condition that cannot be addressed by PGT and which he does not wish to pass to a child.
Single women:
Single women wishing to have a biological child as permitted under the ART Act 2021 for single women.
Repeated IVF failure due to sperm:
Multiple failed IVF or ICSI cycles where sperm factors are identified as the primary cause and all male factor interventions have been exhausted.
Sperm Donor Screening
All sperm donors at Samarth IVF are registered with the ART bank. Screening includes:
Age (21 to 45 years per ART Act)
Medical history
Karyotype & carrier screening
Full infectious disease panel (HIV, HBsAg, anti-HCV, VDRL)
Semen analysis with strict morphology
Psychological assessment
Detailed physical and ethnic background documentation
Sperm is quarantined for 6 months and the donor retested before release of the sample for use, following standard ART bank protocols.
Surrogacy in India: Legal Framework and Process
Surrogacy involves a woman (the surrogate) carrying a pregnancy for intended parents and relinquishing the baby to them after birth. In India, surrogacy is regulated by the Surrogacy (Regulation) Act 2021, which permits only altruistic surrogacy and prohibits commercial surrogacy. Understanding the current legal framework is essential for any couple or individual considering surrogacy at Samarth IVF.
Key Points of the Surrogacy Act 2021
Only altruistic surrogacy is permitted:
the surrogate must not receive any monetary compensation beyond medical expenses and insurance.
The surrogate must be a close relative
of the intended couple (as defined under the Act).
Intended couples must be Indian married couples
where the wife has a medical condition necessitating surrogacy, certified by a medical authority.
Single women (widows and divorcees)
are permitted to pursue surrogacy under specified conditions.
The surrogate must be a married woman
who has had at least one child of her own, aged between 25 and 35 years.
The surrogate can only act as a surrogate once
in her lifetime.
The surrogate can only act as a surrogate once
with the State Surrogacy Board and approved by the appropriate authority.
The child born through surrogacy is deemed the legitimate child
of the intended couple from birth.
Samarth IVF provides complete legal guidance and works with experienced legal professionals to ensure all surrogacy arrangements comply with the Surrogacy (Regulation) Act 2021 and all applicable state regulations. We strongly advise all intended parents to obtain independent legal advice before entering any surrogacy arrangement.
Medical Process of Gestational Surrogacy
All surrogacy at Samarth IVF is gestational surrogacy conducted under the altruistic framework of the Surrogacy (Regulation) Act, 2021. The surrogate must be a close relative of the intending couple, ever-married, aged 25–35, with at least one biological child, and can act as a surrogate only once in her lifetime. Embryos are created using the intending couple’s own gametes. Donor gametes may be used only if certified by the District Medical Board as medically necessary for one spouse. The child is legally the biological child of the intending couple from birth, and the surrogate has no parental rights. All arrangements require a Certificate of Essentiality, Certificate of Eligibility, and a legally binding surrogacy agreement.
Medical and psychological screening of the surrogate and intended parents.
Legal agreement formalised under the Surrogacy (Regulation) Act 2021 with appropriate authority approval.
Egg retrieval from the intended mother (or egg donor) and fertilisation with intended father's (or donor) sperm via ICSI.
Blastocyst culture. PGT-A recommended to maximise success per transfer.
Endometrial preparation of the surrogate with oestrogen and progesterone.
Blastocyst transfer to the surrogate's prepared uterus.
Pregnancy monitoring and antenatal care coordinated through Samarth IVF and the surrogate's local obstetric team.
Birth and legal handover of the child to the intended parents.
Counselling and Emotional Support in Third Party Reproduction
Third party reproduction involves complex emotional, psychological, ethical, and legal dimensions that go beyond the medical procedure. At Samarth IVF, we provide comprehensive counselling for all parties involved in third party reproduction before any treatment begins. This counselling is not a formality but a genuinely important part of the process.
Intended parents
Addressing grief over genetic loss, expectations, disclosure decisions (whether and how to tell the child about their origins), relationship dynamics, and legal rights.
Egg and sperm donors
Understanding the implications of donation, anonymity, and future contact considerations.
Surrogates
Understanding the emotional and physical commitment involved, the legal framework, and post-birth psychological support.
Our counselling team includes psychologists with specific experience in reproductive psychology. Counselling sessions are confidential and can be conducted in person at any Samarth IVF centre or via video consultation for patients at a distance.
Donor Egg vs Own Egg IVF: Key Differences
| Factor | Own Egg IVF | Donor Egg IVF |
|---|---|---|
| Genetic relationship | Child genetically related to both parents | Child genetically related to intended father and donor |
| Miscarriage risk | Increases with maternal age | Reflects donor age: lower risk |
| Stimulation required | Yes, for intended mother | No stimulation for recipient; endometrial preparation only |
| Number of cycles typical | Multiple cycles may be needed | Often successful in fewer cycles due to young egg quality |
| Emotional consideration | Genetic connection to both parents | Requires acceptance of partial genetic connection |
Third Party Reproduction Across Samarth IVF Centres in India
Donor egg IVF and donor sperm IVF are available at all Samarth IVF main centres with full IVF laboratory infrastructure. Surrogacy coordination, legal guidance, and medical management are provided at main centres with the appropriate legal and counselling infrastructure. All third party reproduction services comply with the ART Act 2021 and Surrogacy Act 2021.
- Sambhajinagar (Aurangabad), Maharashtra: Main HQ with full surgical and IVF facilities, plus 2 Level-1 Centres
- Washim, Maharashtra | Buldhana, Maharashtra | Parbhani, Maharashtra | Omerga (Umarga), Maharashtra | Gondia, Maharashtra
- Dehradun, Uttarakhand | Jamnagar, Gujarat | Kalaburagi (Gulbarga), Karnataka | Bhopal, Madhya Pradesh | Farrukhabad, Uttar Pradesh | Lucknow, Uttar Pradesh
Explore Your Options Confidentially.
Speak with our experts to understand the legal, medical, and emotional aspects of third party reproduction.
Frequently asked questions
What is third party reproduction?
Third party reproduction uses eggs, sperm, or the uterus of a donor or surrogate to help intended parents have a child. It includes donor egg IVF, donor sperm IVF, and surrogacy, all regulated in India by the ART Act 2021 and Surrogacy Act 2021.
Who needs donor egg IVF?
Women with premature ovarian insufficiency, severely diminished ovarian reserve, advanced maternal age with poor egg quality above 42 to 43, repeated IVF failure due to egg quality, genetic disease in the female partner, surgical menopause, or Turner syndrome.
What affects the outcome of donor egg IVF?
With donor eggs, the chance of pregnancy reflects the quality of eggs from young, screened donors rather than the recipient’s age.
Is egg donation anonymous in India?
Yes. Under the ART Act 2021, egg donation is anonymous. Neither the donor's identity nor the recipient's identity is disclosed to the other. The child may access non-identifying medical information at adulthood.
Who can be a sperm donor?
Under the ART Act 2021, sperm donors must be registered with a licensed ART bank, aged 21 to 45 years, medically and genetically screened, and psychologically assessed. Sperm is quarantined for 6 months and the donor retested before the sample is released for use. Each donor can donate to a maximum of the number of families permitted under the Act. Full anonymity is maintained between donor and recipient.
Is surrogacy legal in India?
Altruistic surrogacy is legal under the Surrogacy (Regulation) Act 2021. Commercial surrogacy is prohibited. The surrogate must be a close relative aged 25 to 35, married with at least one child, and can serve as surrogate only once.
What is gestational surrogacy?
Gestational surrogacy involves transferring embryos created from the intended parents' gametes (or donors) to the surrogate's uterus. The surrogate has no genetic connection to the child. All surrogacy at Samarth IVF is gestational.
Do intended parents need own gametes for surrogacy?
No. Donor eggs or donor sperm can be used in combination with surrogacy if the intended parents cannot use their own gametes. The legal status of the child as the intended parents' child is not affected.
Will my child know they were born through donor eggs?
Many patients succeed on the first or second cycle. Many couples need more than one complete cycle (including frozen embryo transfers); your doctor will explain what is realistic for you. The number of cycles recommended depends on age, diagnosis, reserve, and embryo quality. Your specialist will review each cycle in detail after completion and discuss the optimal plan for subsequent attempts based on what was learned from the previous cycle.
Is IVF available at all Samarth IVF centres?
Yes, IVF is available at all Samarth IVF centres.
Samarth IVF's network of 14 locations across India is fully equipped to provide comprehensive fertility treatments. Every center features state-of-the-art embryology laboratories and advanced treatment technologies, ensuring consistent, high-quality care regardless of which branch you visit.
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