India’s IVF sector faces mounting regulatory pressure to revise the Assisted Reproductive Technology Act of 2021 after police busted illegal commercial egg-harvesting rings in Hyderabad and Badlapur.
- Altruistic Mandate Friction: The current law requires egg donors to be married, aged 23 to 35, have at least one child, and donate a maximum of seven oocytes (eggs) strictly on an altruistic basis.
- Commercial Exploitation Risks: Restricting compensation while demand soars has inadvertently fueled a massive black market, leaving impoverished women vulnerable to unregulated hormone injections and financial predation.
- Regulatory Overhaul Needs: Public health experts suggest adopting tracking mechanisms and compensation models similar to Spain’s framework to secure a reliable, safe donor network.
The Assisted Reproductive Technology (Regulation) Act of 2021 came into force in January 2022 to facilitate safe procedures and prevent commercial exploitation. The law covers children’s rights and age caps for commissioning couples. However, an illegal network recently busted in Hyderabad revealed how the statute’s strict donor provisions collide with market realities.
Police found that 43 poor women from West Bengal, Odisha, and Chhattisgarh were brought to Telangana and housed in hostels with promises of Rs 20,000 to 30,000 for a single egg donation cycle. Authorities noted these women received hormone injections without mandatory insurance coverage. Law enforcement officers arrested nine culprits and slapped notices on 14 fertility clinics, hospitals, and egg banks. A similar racket was busted in Maharashtra’s Badlapur last month.
The core clinical and legal bottleneck lies in the mandate that egg donors must be motivated purely by altruism. This requirement fails the reality test when the supply of legal donors remains nowhere near the ever-increasing demand.
This supply-demand gap exists alongside delayed parenthood, declining fertility rates, and a burgeoning in-vitro fertilisation industry estimated at around Rs 12,000 crore and projected to double in five years. With a massive black market flourishing, impoverished women are continually preyed upon by illicit syndicates.
| Parameter | Legal Mandate (ART Act 2021) | Ground Reality & Black Market |
|---|---|---|
| Donor Eligibility | Married, aged 23-35, at least one child | Vulnerable, low-income women from other states targeted |
| Donation Limits | Maximum of seven oocytes once in a lifetime | Commercial exploitation cycles driven by cash promises |
| Financial Terms | Strictly altruistic (no commercial compensation) | Illicit payouts ranging from Rs 20,000 to 30,000 per cycle |
A number of petitions challenging the ART Act are currently pending at the Supreme Court. Legal and medical analysts argue that instead of waiting for judicial orders, the government ought to revisit the law directly. Policymakers could draw vital lessons from international frameworks, such as Spain’s model.
While making a provision for compensation, the European nation has created a functional mechanism for tracking donors and ensuring clinical safety. Without a foolproof system to find donors and enforce regulations, idealistic laws fail to curb exploitation.
- The New Indian Express: Revisit law on IVF, set up reliable donor network
- Assisted Reproductive Technology (Regulation) Act of 2021, Government of India
