Surrogacy with donor egg: what the 2024 rules allow

Yes, in some cases. A February 2024 amendment to the Surrogacy Rules allows donor eggs or donor sperm when a District Medical Board certifies a medical need. The child must still have at least one gamete from the couple, so both donor egg and donor sperm together are not allowed for a couple.

The answer first

A couple can now use a donor egg in surrogacy, but only with a certified medical need. The same applies to donor sperm.

The key condition is simple. At least one of the two gametes, the egg or the sperm, must come from the couple.

What changed in February 2024

The Surrogacy Rules were amended in February 2024. The change allows donor eggs or donor sperm when a District Medical Board certifies a medical need for them.

For couples where the wife cannot produce usable eggs, this opened a legal path. Before the change, many such couples had no option under the surrogacy framework.

The one-gamete rule

The child must have at least one gamete from the intending couple. This is the core limit in the amendment.

Egg fromSperm fromAllowed for a couple?
WifeHusbandYes
Donor (with board certification)HusbandYes
WifeDonor (with board certification)Yes
DonorDonorNo

So a couple cannot use both a donor egg and donor sperm in one surrogacy. One genetic link to the couple is required.

The surrogate cannot be the egg donor

This point confuses many couples. The surrogate mother cannot give her own eggs.

She must not be genetically related to the child. The donor egg has to come from a separate donor, through a proper channel.

Where donor eggs must come from

Under the ART (Regulation) Act, 2021, donor gametes can only be obtained through registered ART banks. A clinic cannot source eggs informally.

Ask your clinic which registered bank it works with. A legal programme will be able to answer that clearly. Our page on donor gamete rules in surrogacy sets out the framework.

Rules for widows and divorced women

The route is different for an intending woman. An Indian widow or divorcee aged 35 to 45 must use her own eggs with donor sperm.

So the donor egg option discussed here applies to married couples, not to single intending women.

When a board may see a need for donor eggs

The board decides each case. A doctor can only prepare the medical records that explain why the wife's own eggs are not usable.

Records that are often relevant include:

  • Egg reserve tests such as AMH and antral follicle count
  • Records of earlier IVF cycles and how the ovaries responded
  • Embryology notes on egg and embryo quality
  • Any history of early menopause, ovarian surgery or cancer treatment

Keep these in one file. A complete, well-ordered history makes the board's review easier.

How this fits the full surrogacy process

The donor egg certification does not replace the other surrogacy requirements. The couple still needs to meet every eligibility rule.

  1. Eligibility checkMarried Indian couple, within the age limits, with no surviving child except under the stated exception.
  2. Medical indicationA District Medical Board certifies the need for surrogacy and, where relevant, for donor gametes.
  3. Essentiality certificateIssued by the appropriate authority over that board.
  4. TreatmentEmbryos are created using the donor egg and the husband's sperm, then transferred to the surrogate.
  5. Court orderA Magistrate's court passes the parentage and custody order.

Certificates are valid for one year, so plan treatment dates with that in mind.

Cost and planning

A donor egg surrogacy has two cost parts: the surrogacy itself and the donor egg programme. Surrogacy usually falls in the ₹13.65–20.25 lakh band, and the donor egg add-on is listed separately.

See the surrogacy cost in India page for the full breakdown. We give a written itemised estimate before anything begins.

Questions couples often weigh

Choosing a donor egg is a big step, quite apart from the legal process. Many couples find it helps to talk these points through together.

  • Genetic link: the child will be genetically related to the husband, not the wife.
  • Telling the child: some families plan to share the story as the child grows; others decide later.
  • Family views: decide early who, if anyone, needs to know.
  • Counselling: a session before treatment can help both partners feel settled in the decision.

There is no single right answer. What matters is that both partners agree before the board application is made.

Donor sperm follows the same rule

The amendment works both ways. If the husband has no usable sperm, donor sperm may be allowed with board certification.

In that case, the wife's own eggs must be used. Again, the child keeps one genetic link to the couple, and the donor sperm must come from a registered ART bank.

Documents to prepare

  • Marriage certificate and identity proof for both partners
  • Age proof showing both are within the legal limits
  • All fertility reports, especially those about egg reserve and earlier cycles
  • A doctor's summary explaining why surrogacy and donor eggs are being requested
  • Proof of residence or work in the state where you apply

Keep copies of every document you submit. Boards may ask for more information before deciding.

Before you decide

Rules in this area have changed more than once. Consult your doctor and check the current position with the appropriate authority in your state before you start.

Related reading

Questions on this topic

Is donor egg allowed in surrogacy in India now?

Yes, since the February 2024 amendment, when a District Medical Board certifies a medical need. At least one gamete must come from the couple.

Can we use both donor egg and donor sperm in surrogacy?

No. For a couple, the child must have at least one gamete from the couple. Using both donor egg and donor sperm is not allowed.

Can the surrogate give her own eggs?

No. The surrogate cannot give her own eggs and must not be genetically related to the child.

Where do donor eggs come from?

Under the ART Act, 2021, donor gametes can only be obtained through registered ART banks.

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