Examining Egg Donor Rights in the Surrogacy (Regulation) Act, 2021 of India: A Medico-legal Study

The eagerly awaited Surrogacy (Regulation) Act of 2021, following extensive deliberations and amendments during its legislative journey, disappointingly neglects the essential rights of egg donors, notably in terms of health insurance coverage and safeguarding their well-being throughout and after the egg retrieval process. The Act lacks provisions for addressing reported instances of medical complications and, tragically, even the unfortunate demise of egg donors. This significant oversight not only infringes upon the fundamental rights of these contributors but also underscores a disproportionate emphasis on the rights of surrogate mothers within the framework of the Surrogacy (Regulation) Act, 2021. This research endeavor seeks to illuminate the deficiencies within the Act as it pertains to the rights of egg donors and, in response, proposes viable remedies for consideration.

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Publication Details

Journal
Journal of Indian Academy of Forensic Medicine
Published
2025-10-01
DOI
https://doi.org/10.1177/09710973251405550
Primary Topic
Reproductive Health and Technologies
Type
article
Field-Weighted Citation Impact
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article

Examining Egg Donor Rights in the Surrogacy (Regulation) Act, 2021 of India: A Medico-legal Study

Pyali Chatterjee
Journal of Indian Academy of Forensic Medicine
Reproductive Health and Technologies
article

Examining Egg Donor Rights in the Surrogacy (Regulation) Act, 2021 of India: A Medico-legal Study

Pyali Chatterjee
article en

Abstract

The eagerly awaited Surrogacy (Regulation) Act of 2021, following extensive deliberations and amendments during its legislative journey, disappointingly neglects the essential rights of egg donors, notably in terms of health insurance coverage and safeguarding their well-being throughout and after the egg retrieval process. The Act lacks provisions for addressing reported instances of medical complications and, tragically, even the unfortunate demise of egg donors. This significant oversight not only infringes upon the fundamental rights of these contributors but also underscores a disproportionate emphasis on the rights of surrogate mothers within the framework of the Surrogacy (Regulation) Act, 2021. This research endeavor seeks to illuminate the deficiencies within the Act as it pertains to the rights of egg donors and, in response, proposes viable remedies for consideration.

Journal of Indian Academy of Forensic MedicineVol. 47(3)
Tashkent State University of Law (UZ), Institute of Chartered Financial Analysts of India (IN)
Openalex Percentile: Top 48%
Reproductive Health and Technologies
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