If you are undergoing or planning fertility treatment in India, understanding the basics of this law is genuinely useful. Here is a plain-English summary of the most important provisions.
Who Is Covered by the ART Act?
The Act applies to:
- All ART clinics (IVF clinics, fertility centres) across India
- ART banks (facilities that store gametes — eggs and sperm — and embryos)
- Donors of eggs and sperm
- Couples and individuals seeking ART services
Age Limits for IVF Under the ART Act
Under Section 21(g)(i) of the ART Act:
| Intended Parent | Permitted Age Range |
|---|---|
| Women | 21 to 50 years |
| Men | 21 to 55 years |
Gamete Donation — What the ART Act Stipulates
Egg Donors
- Must be between 23 and 35 years of age
- Must have at least one biological child of their own
- Can donate a maximum of 6 eggs per retrieval — but the total number of eggs donated through her lifetime is limited to ensure her own reproductive potential is not compromised
- Can donate to a maximum of one couple at a time through a registered ART bank
- Donation is anonymous — identity is not disclosed to recipients
Sperm Donors
- Must be between 21 and 45 years of age
- Sperm from one donor can be used for a maximum of 25 live births — to prevent consanguinity (relatives unknowingly meeting)
- Donation is anonymous
Embryo Donation
- Couples who have successfully completed their family and have surplus embryos may donate them
- Donated embryos can only be used by other couples, not for research purposes under the current Act
Storage of Gametes and Embryos
- Gametes and embryos must be stored in registered ART banks
- Banks must maintain detailed records of donor identity, recipient details, and outcomes
- Storage duration is regulated — typically up to 5 years for embryos, with extension provisions for specific circumstances (ongoing legal battles, death of a partner, medical conditions)
Rights of Patients Under the ART Act
The Act grants patients specific rights:
- Right to full information about the procedure, risks, and success rates before giving consent
- Right to withdraw consent at any point before the procedure
- Protection from exploitation — particularly for women undergoing stimulation and egg retrieval
- Right to anonymity when using donor gametes
- Protection of children born through ART — legal parentage rights are clearly defined
Offences and Penalties
The Act creates offences for:
- Abandoning or exploiting a child born through ART
- Sex selection using ART techniques (strictly prohibited)
- Running unregistered ART clinics or banks
- Using ART to create embryos for commercial purposes
- Violating anonymity provisions
Treatment at a Registered ART Clinic
Every ART clinic and bank in India must be registered to operate legally. If you have questions about how the ART Act applies to your treatment, consult Dr. Dipesh Sorathiya at Khushhi IVF, Thaltej, Ahmedabad.
Book an Appointment Learn About the ClinicFrequently Asked Questions
Do all IVF clinics need to register under the ART Act?
Yes. Every ART clinic and ART bank must register with the National ART and Surrogacy Registry, then state-level authorities. Unregistered clinics operate illegally.
Can a single woman use ART services in India?
Under the ART Act as currently enacted, ART services are available to married couples and certain categories of single individuals. The law is still evolving on single-parent applications — consult your specialist for the current position.
Are donor identities ever revealed?
Under the current ART Act, donation is anonymous. However, the Act does make provision for a child born through donation to access non-identifying medical information about the donor (for health purposes) through the registry.
What happens to unused embryos?
Couples must decide at the time of creating embryos — whether to freeze, donate, or eventually allow thawing if not used. Clinics are required to obtain written instructions on disposition.
Khushhi IVF 5th Floor, Soham Pristine, Off Sindhubhavan Road, Thaltej, Ahmedabad, Gujarat 380054, India.
