Donor Gametes in Altruistic Gestational Surrogacy: What the Law Allows in India (2026)

For many people exploring Altruistic gestational surrogacy, one question comes up sooner or later:

What happens if we cannot use our own eggs or sperm?

It’s a very real concern. Fertility journeys are often long and uncertain, and by the time surrogacy becomes an option, medical challenges may already make the use of donor eggs or sperm necessary.

But in India, the answer isn’t always straightforward.

Over the past few years, the rules around donor gametes in Altruistic gestational surrogacy have gone through significant changes, creating confusion, relief, and ongoing questions for many families.

A Law That Started With Strict Boundaries

When the Surrogacy (Regulation) Act, 2021 came into force, it aimed to bring structure and ethical safeguards to a space that had previously been loosely regulated.

Then, in 2023, the rules became even stricter. For a period of time, donor gametes were not allowed at all in Altruistic gestational surrogacy. The law required that both the egg and sperm had to come from the intended couple themselves.

On paper, this seemed like a way to ensure biological connection and prevent misuse. But in reality, it left many couples in a difficult position, especially those who medically could not use their own gametes. For them, surrogacy was no longer just complicated. It became impossible.

A Shift Toward Practical Reality

Recognising these challenges, the rules were revisited. Today, the position is more balanced.

As of 2026, Indian law allows the use of one donor gamete in Altruistic gestational surrogacy, either an egg or sperm, but not both.

This change may seem small, but for many couples, it has made all the difference.

It acknowledges an important reality: that medical needs do not always fit neatly within rigid legal boundaries.

What This Means in Real Life

In practice, this means that Altruistic gestational surrogacy can still be an option in situations where one partner is unable to contribute genetically.

For example, a couple may proceed using a donor egg along with the husband’s sperm, or a donor sperm along with the wife’s egg.

But if both partners require donor gametes, something that is medically possible in IVF, Altruistic gestational surrogacy is not permitted under current law. This is where many people feel the law draws a very clear line.

Why Is There This Restriction?

The idea behind this rule is to ensure that the child has a genetic connection with at least one intended parent.

At the same time, the law aims to prevent misuse, maintain traceability, and keep Altruistic gestational surrogacy within a tightly regulated framework.

From a policy perspective, it is about balancing ethical concerns with medical possibilities. From a patient’s perspective, it can sometimes feel limiting.

It’s Not Just a Choice, it’s a Process

Even in cases where one donor gamete is allowed, the process is not automatic. There are multiple layers involved.

A medical team must confirm that using a donor gamete is necessary. The case must be reviewed, and approvals are required before moving forward.

Donor eggs or sperm cannot be sourced independently, they must come through registered ART banks, ensuring confidentiality and proper screening. In other words, this is not simply a personal decision, it is a regulated pathway.

Why This Topic Matters More Today

If this feels confusing, you’re not alone. This is an area where law and medicine are still catching up with each other.

The shift from a complete ban to allowing one donor gamete shows that policies are evolving based on real-world challenges. Courts have also, in various cases, taken a more practical and empathetic view when strict rules created barriers for genuine medical situations.

And yet, the framework remains cautious, reflecting the sensitive nature of Altruistic gestational surrogacy itself.

Final Thoughts

As of today, the law in India allows donor gametes in Altruistic gestational surrogacy, but only to a limited extent.

• One donor gamete is permitted.

• Both are not.

This framework reflects an attempt to maintain ethical safeguards while recognising medical realities.

For anyone considering Altruistic gestational surrogacy, understanding these rules early can help avoid confusion later, and make the journey a little clearer.

---

The Author :

Dr. Sunil Khattri 

sunilkhattri@gmail.com

+91 9811618704

Dr Sunil Khattri MBBS, MS(General Surgery), LLB, is a Medical doctor and is a practicing Advocate in the Supreme Court of India and National Consumer Disputes Redressal Commission, New Delhi.