Sperm donation in India is governed by a clear framework of statutes and regulations, offering a pathway to family building for eligible couples within licensed clinics. This article examines the legal foundations as of 30 May 2025, outlines medical and procedural standards, and provides an in-depth overview of maintenance law, tax implications, and inheritance considerations—while highlighting private-law models such as RattleStork.
Legal Framework: Who May Donate and Under What Conditions?
In India, sperm donation is regulated primarily by three laws:
- The Assisted Reproductive Technology (Regulation) Act, 2021: Establishes requirements for registration of ART clinics and gamete banks, mandates donor screening and record‐keeping (including Aadhaar verification), and prohibits commercialisation of gametes.
- The Assisted Reproductive Technology (Regulation) Rules, 2022: Specify detailed donor screening protocols (HIV I/II, HBV, HCV, syphilis, chlamydia) and storage standards for gametes and embryos.
- The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994: Bans sex selection and regulates any diagnostic techniques with sex‐determination potential, thereby governing permissible uses of PGT.
Any donation must occur through an authorised ART clinic or registered gamete bank. Private-law arrangements outside this framework carry legal risk and lack statutory immunity.
Who Is Eligible for Sperm Donation in India?
- Married heterosexual couples: Must prove at least two years of stable marriage to access ART services.
- Individuals in live-in relationships: Recognised only if two years’ cohabitation is documented.
Single women, same-sex couples, and unmarried individuals are currently excluded from ART under Indian law and may need to consider cross-border options.
Medical Safety: How Are Donors Screened?
Donors in India undergo rigorous evaluations before any gamete is accepted:
- Serological tests for HIV I/II, Hepatitis B/C, Treponema pallidum (syphilis) and Chlamydia
- Genetic screening for common heritable disorders (e.g., thalassemia) per clinic protocol
- Psychological assessment and medical history review
- A minimum six-month quarantine of samples before release
These standards are strictly enforced by the ART Rules, ensuring safety equivalent to global best practices.
Procedure: Steps in an ART Clinic
- Counselling: Medical, psychological and legal briefing for recipients and donors
- Donor matching: Selection via clinic-based registry or partnered gamete bank
- Preparation: Hormonal assessment and cycle monitoring for both parties
- Insemination: IUI (Intrauterine Insemination) or IVF (In Vitro Fertilisation)
- Follow-up: Pregnancy test and any required supportive therapy
Child’s Rights: Identity and Confidentiality
Under Indian law, donor identities remain confidential. Clinics must maintain donor records for the National ART Registry, but no statutory right exists for offspring to access donor identity. This preserves anonymity and prevents legal claims against donors.
Co-Parenting & Legal Limits on Parentage
Only two legal parents (the commissioning couple) can be registered on a birth certificate. Third-party arrangements require customised agreements; however, such contracts lack enforceable status under current succession and family law.
Maintenance, Tax & Inheritance: Juridical Pitfalls
Maintenance Law
Donors bear no maintenance obligations under the ART Act. Only legally recognised parents (commissioning couple) are responsible for child support.
Tax Treatment
Expenses for sperm donation fall under medical costs and are not tax-deductible as per the Income Tax Act. Donor “fees” are limited to expense reimbursement; no commercial gamete sale is permitted.
Inheritance Law
Donors hold no inheritance rights or claims. The child’s succession rights rest solely with legal parents.
Recommendation
Private-law platforms (e.g., RattleStork) must ensure partnerships with registered ART banks and clear contractual documentation on parentage, maintenance and contact protocols.
Private Sperm Donation via RattleStork—Ensuring Legal Security
The RattleStork platform connects intended parents with registered ART clinics and gamete banks in India. Advanced filters (education, blood group, medical history) help tailor donor selection, while built-in legal templates cover parentage agreements and payment of permissible expenses.
Learn more: RattleStork – Organise legally compliant sperm donation
Legal Sources & Further Reading
Conclusion
Sperm donation in India is comprehensively regulated but limited to married or long-term heterosexual couples within licensed ART centres. Platforms like RattleStork can streamline private arrangements, provided they align with statutory requirements. Early legal and medical consultation ensures a safe, ethical, and legally sound journey to parenthood.