Is It Legal to Donate Sperm in India

The Indian Council of Medical Research states in its guidelines for the regulation of ART clinics in India that no ART procedure is performed without the consent of the spouse; the use of sperm or ova donated by a relative or friend known to the wife or husband is not permitted; The ART Clinic is responsible for obtaining sperm from the appropriate banks and eggs and providing the couple with information on height, weight, skin color, school status, occupation, family history, absence of known diseases such as hepatitis B or AIDS, ethical origin and genetic fingerprinting (if possible). They also indicate that the mixing of seeds is not allowed; The ART clinic cannot be involved in any commercial element in donor programs or surrogacy and that the child has the right to receive information about the genetic parent or surrogate mother when the child reaches the age of 18, but the identity of the donor will not be disclosed until then. According to the Department of Health and Family Care, these guidelines were developed to protect patients because they believe that many ART clinics operate without adequate infrastructure to provide these services and that these services are “highly questionable” (CIMR, 2005). Although he has certain rights, the sperm donor must fulfill the following obligations: – A1. High-quality sperm samples do not harm even after several years of freezing or cryopreservation. The first scientifically documented IVF baby was born in India in 1986, heralding the growth of ART, mainly in the private sector. Treatments are expensive, the sector is highly commercialized, and the market thrives thanks to couples` desperation to have their own “organic” child. ART may involve the use of donated gametes and couples may need to use donated sperm, ova or embryos to facilitate reproduction. This article focuses on how couples and providers in the Indian context access donor documents for conception and what perceptions they have. Specifically, it focuses on general concerns about the use of donated gametes, how they are accessed, informed consent, costs, supplier and couple concerns, ethical dilemmas, and unethical practices.

It comes from a study inspired by previous research that examined women`s experiences with childlessness and ART in India (Widge, 2001). As these issues have been mainly addressed by the media in India, this document is a first step in researching and documenting these issues and could facilitate our understanding of critical issues and relevant concerns. A child born as a result of a possible sperm or egg donation by a parent commonly referred to as a biological or genetic parent may, after reaching maturity, request that the child receive all information, with the exception of personal identification, relating to his or her genetic parent. The legal guardian of a minor child also has the right to do so by extending the limit of the information to be obtained to what is essential or necessary for the best interests of the child. Personal data can only be disclosed in cases where the child`s life or death situation has occurred and it is necessary to request physical tests or samples from the genetic parent in order to make the child function properly. In all possible cases, the information to be provided must be provided with the prior consent of the biological parent or donor. Sperm donation is a process in which a man called a sperm donor donates his sperm with the intention that it can be used to achieve pregnancy and produce a baby in a woman who is not the donor`s sexual partner and with whom the man is not physically connected. Various attempts are made to impregnate a woman with donor sperm, using third-party reproductive techniques mainly by artificial insemination.

Sperm donation can be done either by giving the sperm directly to the recipient at a clinic known as a sperm bank, or through a third party who negotiates agreements between sperm donors and those who need it in a “sperm agency.” Sperm donation is a process in which sperm is collected and donated or donated. Sperm is the thick fluid or liquid released during ejaculation. This is a procedure to help the couple or a person conceive a baby. When these spermatozoa are collected, they are stored in a special environment and, if necessary, inseminated into the reproductive organs of the female. This process is also known as intrauterine insemination. When sperm donation is used for fertilization of mature eggs in the laboratory, the process is called in vitro fertilization. The man who is a sperm donor may be anonymous or known to the recipient. If the donation of the seeds is made by a person known to the recipient, it is called a directed donation. The man who donates sperm must undergo a complete medical examination to look for risks or problems before donating the sperm. It is very important for a person to know the possible psychological, emotional and legal problems of the sperm donation process. Although these requirements are a must for the egg donor, many fertility clinics tend not to meet all the requirements due to the lack of adequate legislation in India.

Most often, the age requirement is neglected by clinics, when 18-year-old girls come to donate eggs to earn money. India died in 2010 when a 17-year-old girl, Sushma Pandey, died two days after egg donation at a leading infertility clinic in Mumbai. This incident is still shrouded in mystery. Therefore, it is important to follow the guidelines for a safe donation. There is a famous saying by Winston Churchill: “We live from what we get, but we make a life by what we give.” Egg and sperm donation is something a donor should be proud of, as it is made to help another person or couple start their own family. The ART Bill Regulations, 2020 serve as a guide for physicians, patients, donors and stakeholders interested in ART services. It protects their rights and reminds them of their duties that they must fulfill while being part of the ART. The laws on sperm and egg donation have so far been quite simple and simple. The only problem India still faces is the implementation of these laws. Although many policies and rules have been established, strong legislation is the order of the day, as it is not worth risking the life of a donor simply to bring another life to this world. The sperm donation procedure is common and normal. It is also a safe and effective procedure for those who want to conceive a baby.

The person can decide for herself to help a woman conceive a baby and can help women who do not have a male partner but want a child, or in cases where the couple has a male infertility problem. In Switzerland, sperm donation is only allowed for married heterosexual couples – not for unmarried couples, singles or same-sex couples. A maximum of eight children can emerge from a donor. If you follow the news every day, you must have come across the headlines that said, “Young girls give their eggs for money without informing their parents.” Or if you`re interested in movies, don`t miss “Vicky Donor” by Ayushman Khurana, who popularized sperm donation in India. It is indeed legal for a woman to donate her eggs and for a man to donate sperm. It does indeed bring in a lot of money. For example, a female could earn money of 25,000 to 75,000 rupees for a one-time donation of her eggs. An egg donor is a woman who amicably brings her genetic material, which is eggs, to support another woman`s reproductive process. Egg donors must be healthy women, who usually have at least one child. You will undergo a comprehensive medical and psychological examination, which will include screening for infectious diseases such as HIV and hepatitis.

CIMR guidelines are followed and, therefore, all tests are performed prior to donor selection. Egg donation only takes place once the selection process and legal documents have been completed. The majority of sperm donors are men between the ages of 18 and 40 who give anonymously or who are known donors, either altruistic or for a financial incentive (HFEA, 2007). Some donors donate to different sperm banks or via the Internet, but there is concern that using the same donor sperm could lead to recessive and pathogenic genes and unrealized inbreeding. Well-known sperm donors donate to relatives and friends. Sperm donation laws vary from country to country. Sperm donors and recipients are usually anonymous to each other. However, a recipient may receive non-identifying details about the donor, such as height, weight, hair color, and education. Recipients are concerned about the physical characteristics, health status, education, occupation, family history, and interests of donors (Purdie, 1992). More recently, the law of some countries has given people conceived by sperm donation the right to access different information about their biological father after a certain age.

The morals and ethics of sperm donation have sparked many heated debates, but despite these problems, sperm donation has been acceptable because it allows couples to have children There is a shortage of sperm donors and banks are struggling to access donors (National Gamete Donation Trust, 2008). .