Legal information on sperm donation in India (2025): Rules, responsibilities & real-world pitfalls

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Zappelphilipp Marx•
India clinic donor holding a sterile specimen container during a regulated donation visit

In India, sperm donation is lawful but tightly governed by the Assisted Reproductive Technology (Regulation) Act, 2021 and the ART Rules, 2022. This guide explains what’s permitted, what’s prohibited, how bank/clinic pathways differ from informal arrangements, who can access donor sperm, what information is kept confidential, and the medical/legal risks to plan for. We also flag where India’s rules differ sharply from other countries.

Core legal framework (India)

  • Registered providers only: Screening of donors, collection and storage of semen, and provision of donors must be done by a registered ART bank; treatment is delivered by a registered ART clinic (ART Act, s.27(1)).
  • Donor eligibility (age): Banks may obtain semen only from males aged 21–55 years (s.27(2)(a)).
  • Single-recipient rule: A bank must not supply sperm from a single donor to more than one commissioning couple/woman (s.27(3)).
  • Child’s legal status: A child born through ART is deemed the biological child of the commissioning couple/woman; the donor relinquishes all parental rights (s.31).
  • Confidentiality of donor identity: Banks must record verified ID (incl. Aadhaar) and undertake confidentiality; identities are not disclosed to recipients or offspring under the Act (s.27(6)).
  • Storage limits: Donor gametes/embryos may be stored for up to 10 years with prescribed safeguards (s.28(2)).
  • No sale/trade: Sale, purchase or transfer of gametes/embryos is prohibited; violations attract fines and imprisonment (s.29, s.33).
  • Sex selection ban: Any form of sex selection is prohibited; related acts are offences (s.26).

Clinic/bank pathway vs private arrangements

Registered ART bank + clinic

  • Parentage certainty: Donor is not a legal parent; the commissioning couple/woman are the legal parents (s.31).
  • Mandatory screening: Donor testing includes HIV-1/2, HBV, HCV, syphilis (VDRL) and chlamydia; semen culture before preservation; segregated quarantine/storage and full records (ART Rules, cls.19 & 26–28).
  • Registry reporting: Clinics/banks must report procedures and outcomes to the National ART & Surrogacy Registry (National Registry; Rules, cl.21 & 23).
  • Single-recipient allocation: The same donor’s sperm cannot be supplied to multiple recipients (s.27(3)).

Private/home insemination

  • Outside the statutory framework: No registered bank/clinic, no registry entry, no mandated screening/quarantine, and no automatic clarity on parentage/maintenance. Legal exposure and health risks are significant.
  • Intermediaries restricted: Using intermediaries to obtain or purchase donors is penalised (s.33(1)(g)).

Who can use donor sperm in India?

ART services, including treatment with donor sperm, are available to married couples and to a single woman (typically 21–50 years; male partner, where applicable, 21–55), subject to clinical suitability and registration requirements (PRS summary of Act; see also state FAQs such as Kerala DHS 2025 FAQ). Surrogacy is governed by a separate law and far narrower eligibility rules (Surrogacy (Regulation) Act, 2021).

Information rights & confidentiality

  • Confidential records: Banks must maintain verified donor identity and health data and ensure confidentiality; data are reportable to the National Registry (Rules, cl.21 & 27).
  • No statutory right to donor identity disclosure: The Act preserves confidentiality and does not create an offspring right to identifying donor information (s.27(6), s.31).

Medical standards & a typical clinic pathway

Registered providers follow prescribed infectious-disease testing, semen culture before cryopreservation, segregated quarantine and robust consent/documentation with monthly registry reporting (ART Rules).

  1. Consultation & consent (statutory consent forms for IUI/IVF and storage)
  2. Donor allocation via a registered ART bank with verified screening and records
  3. Preparation (cycle monitoring; medication as required)
  4. Treatment (IUI or IVF/ICSI per clinical indication)
  5. Follow-up (pregnancy testing; outcomes reported to the National Registry)

Money, storage & penalties

  • No commercial trade: Buying or selling gametes/embryos is prohibited; violations may lead to substantial fines and imprisonment (s.29, s.33).
  • Storage planning: Donor gametes can be stored for up to 10 years under Act safeguards (s.28(2)).
  • Provider duties: Monthly reporting and grievance mechanisms are mandatory (Rules, cl.20–23).

Common Indian pitfalls – what to watch

  • Informal/home insemination: Outside the registered pathway, there’s no statutory clarity on parentage or maintenance and no mandated screening/chain-of-custody. This creates legal and health risks.
  • Assuming multi-family use is allowed: India’s single-recipient rule sharply limits one donor’s sperm to one commissioning party—plan early with your bank (s.27(3)).
  • Misunderstanding anonymity: Donor identities are kept confidential under the Act; there’s no right for offspring to know the donor’s identity.
  • Consent/records gaps: Use only registered clinics/banks; incorrect paperwork can jeopardise treatment, storage or later documentation (National Registry).

Plan with RattleStork (India-aware)

RattleStork can help you understand India’s rules, prepare checklists and connect you with registered ART clinics/banks. In India, donor sourcing must go through registered ART banks—intermediary “matching” is restricted by law. Use RattleStork to:

  • Map your eligibility and paperwork under the ART Act/Rules
  • Find registered clinics/banks and coordinate documentation and consent
  • Track storage timelines (10-year cap) and maintain a secure document trail
Plan donor treatment in India with RattleStork: clinic and ART bank coordination
In India, use registered ART banks/clinics. Let RattleStork help you plan and stay compliant.

Conclusion

India’s framework is clear but strict: use registered ART banks and clinics, expect confidential donor records, a single-recipient rule per donor, and no commercial trading of gametes. Staying inside the statutory pathway secures parentage, safety and documentation. If you need flexibility in planning, pair a compliant provider with practical tools like RattleStork—and keep every consent and report aligned with the ART Act and Rules.

Disclaimer: Content on RattleStork is provided for general informational and educational purposes only. It does not constitute medical, legal, or other professional advice; no specific outcome is guaranteed. Use of this information is at your own risk. See our full Disclaimer.

Frequently asked questions (FAQ)

Yes. Donation and use of donor sperm are permitted under the national assisted-reproduction framework when handled through registered ART clinics and ART banks, with prescribed screening, consent and record-keeping.

Commercial sale of gametes is not permitted. Donors may receive regulated, reasonable compensation or reimbursement through ART banks for time and expenses, but recipients should not pay donors directly.

The donor is not a legal parent when conception occurs through a registered clinic with valid consents. Intended parent(s) are recognised according to the clinic paperwork and applicable family-law rules.

Home or private arrangements fall outside the ART framework and carry significantly higher legal risk. A known donor could be viewed as a legal father in some scenarios, and standard medical safeguards and traceability are missing. Use registered clinics and ART banks to avoid disputes.

Access is clinic-based and subject to law and medical suitability. In practice, married different-sex couples and single women are commonly treated. Access for other family forms may face legal or policy barriers. Clinics conduct welfare and eligibility assessments before proceeding.

Donor identity is kept confidential. Clinics and banks may provide non-identifying characteristics to recipients, and they maintain records for medical safety and traceability. Identity release to families is not part of standard practice.

Health history, physical examination and infectious-disease screening are mandatory (commonly including HIV, hepatitis B and C, syphilis and other STIs), with additional eligibility checks, semen analysis, and defined quarantine/holding periods as per ART standards.

Yes. Regulations set donor age brackets and restrict frequency and cumulative use. ART banks track usage and enforce limits to reduce the risk of large half-sibling groups. Exact thresholds are managed operationally by registered banks under the rules.

A usage cap framework exists and ART banks are required to monitor and control distribution. Specific numeric caps and tracking are handled by registered banks and clinics in line with national guidance to prevent excessive clustering.

Import and export are permitted under strict conditions. Imported samples must meet Indian eligibility and screening standards, and documentation must satisfy the ART rules. Use is coordinated through registered clinics and ART banks only.

With proper clinic consents before treatment, the non-donor husband is recorded as the legal father and the donor has no parental status. Ensure clinic forms are completed correctly prior to insemination or embryo transfer.

Single women can be treated at clinics that offer such services, subject to eligibility. With valid consents, the donor has no parental status and the birth certificate reflects the intended parent information in line with local practice.

Commercial surrogacy is prohibited; only tightly controlled altruistic surrogacy is allowed for eligible Indian intending parents under separate legislation. Embryo donation is regulated; usage must occur through registered entities with consents and safeguards. These pathways are distinct from sperm donation and have additional requirements.

ART banks and clinics must keep comprehensive consent, screening, processing and release records for traceability, safety notifications and audits. Record retention periods are prescribed. Private arrangements usually lack this audit trail.

Storage is allowed with written consent and adherence to the ART rules on storage conditions, monitoring and renewals. Clinics specify duration and renewal procedures in their consent packs; failure to renew can result in disposal according to policy.

Registered banks and clinics must assess new risk information, suspend use if needed, and issue safety notifications through clinical channels where permitted. Confidentiality is maintained; recipients may be advised regarding follow-up testing when appropriate.

Often yes. Many banks offer sibling-reservation options, subject to inventory and usage limits. Early reservation helps avoid stockouts or hitting a donor’s distribution cap.

Private contracts cannot override statutory parentage rules or the child’s interests. They may evidence intent but will not convert a prohibited arrangement into a lawful one. Execute clinic and bank consents before conception to secure the intended legal outcome.

Coverage varies. Some states and insurers provide limited benefits; many treatments are self-funded. Clinics can outline current local options, documentation needs and cost estimates for IUI or IVF with donor sperm.

Non-medical sex selection is prohibited. Any procedure that directly or indirectly enables sex selection for social reasons is unlawful. Exceptions apply only for preventing serious sex-linked disorders under strict clinical oversight where allowed.

Using unregistered intermediaries; paying donors directly; incomplete or late clinic consent forms; home insemination with a known donor without legal advice; inadequate screening and quarantine; poor documentation; and assuming foreign bank practices automatically meet Indian requirements. Keep everything within the registered clinic and ART bank pathway.

Choose a registered clinic and ART bank; complete all consents before treatment; keep copies of documents; clarify anonymity and information policies; plan storage renewals; consider reserving sibling vials early; and seek local legal advice for non-standard family setups or cross-border elements.

Register and donate only through ART banks; disclose health history accurately; follow screening protocols; avoid side arrangements; update contact details for safety follow-up; and comply with frequency and usage limits set by the bank.