Foreign nationals and NRIs can have IVF in India if they meet the eligibility conditions of the Assisted Reproductive Technology (Regulation) Act, 2021: married couples, with the woman aged 21–50 and the man 21–55, and single women. Donor treatment is allowed through registered ART banks with anonymous donors. Surrogacy is not open to foreign nationals under the Surrogacy (Regulation) Act, 2021, and sex selection is a criminal offence. This guide explains each rule as it affects patients from abroad, and what to check before you travel.
Key points
- The ART Act covers married couples (woman 21–50, man 21–55) and single women, and does not limit treatment to Indian citizens.
- Unmarried couples, single men and same-sex couples fall outside the Act's scope.
- Donor eggs and sperm come only from registered ART banks. Donors are anonymous; choosing a known donor is not allowed.
- Commercial surrogacy is banned. Altruistic surrogacy is limited to eligible Indians; foreign nationals are not eligible, and the position of OCI cardholders has been contested in court.
- Sex selection is a criminal offence under the PCPNDT Act. PGT cannot be used for it.
- Clinics and ART banks must be registered. Ask for the registration number.
- Moving embryos or gametes into or out of India is restricted and needs regulatory permission.
Who can have IVF and IUI under the ART Act
The ART Act regulates clinics that offer assisted reproduction and the banks that store and supply gametes. It sets out who may be treated.
| Who | Position under the ART Act |
|---|---|
| Married couple, woman 21–50 and man 21–55 | Eligible, including foreign nationals and NRIs |
| Single woman | Eligible, within the Act's age limits for women |
| Unmarried couple | Outside the Act's scope |
| Single man | Outside the Act's scope |
| Same-sex couple | Outside the Act's scope |
The Act does not restrict treatment to Indian citizens, so foreign nationals and NRIs who meet these conditions can be treated. In practice, a clinic will ask for identity documents and, for a couple, evidence of marriage. If your marriage was registered abroad, ask the clinic in advance which documents it accepts and whether translations or attestation are required. Our guide to documents needed for IVF as a foreigner covers this.
The age limits are strict in practice. If either partner is close to an upper limit, ask the clinic how it applies the limit to your planned dates, including any later frozen embryo transfer, because a plan that spans several months or trips may cross a birthday. Clinics may also apply their own medical criteria in addition to the legal limits.
Because unmarried couples, single men and same-sex couples fall outside the Act's scope, clinics will generally not treat them. This has been the subject of public debate and legal challenge. If it affects you, ask the clinic directly before planning anything, and read our guide to single parents and same-sex couples. Single women from abroad can find specific guidance in single women and IVF in India from abroad.
For a fuller explanation of the Act itself, read our plain-English guide to the ART Act.
Donor eggs and donor sperm
Donor treatment is allowed, but only on the terms the Act sets. The main points for patients are:
- Registered banks only. Donor eggs and sperm must come through an ART bank registered under the Act. A clinic sources them from such a bank; it should be able to tell you which one.
- Anonymity. Donors are anonymous. You will usually receive non-identifying information, but not the donor's identity.
- No known donors. You cannot bring a friend or relative as a donor, or choose a specific known person, in the way some countries allow.
- Egg donors. Oocyte donors must be aged 23–35, may donate only once in their lifetime, and no more than seven eggs may be retrieved from a donor in that cycle.
- Sperm donors. Semen donors must be aged 21–55.
These rules narrow the pool of donors and can affect waiting times. For patients from abroad this matters when planning travel: a donor egg cycle involves coordinating the donor's treatment with yours. Ask the clinic how matching works, how long it usually takes, and what information you will receive. See our guides to donor egg IVF and donor sperm IVF for international patients.
Surrogacy: not open to foreign nationals
The Surrogacy (Regulation) Act, 2021 bans commercial surrogacy. Altruistic surrogacy — where the surrogate receives no payment beyond medical expenses and insurance — is limited to eligible Indian married couples and certain Indian women (widowed or divorced, within set ages), where there is a medical reason. Foreign nationals are not eligible.
The position of OCI cardholders has been challenged in court. If it applies to you, take current legal advice from a lawyer qualified in Indian law before making any plans. Our guide to surrogacy for NRIs and OCI cardholders explains the questions to ask.
Be wary of anyone who offers surrogacy to foreign nationals in India, whether through an agency, a clinic or an online advertisement. It is not a lawful route, and paying for it can expose you to legal risk and to the loss of the money paid.
Sex selection and genetic testing
Choosing a baby's sex is a criminal offence in India under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act. Genetic testing of embryos cannot be used for it, and no legitimate clinic will offer it or disclose the sex of an embryo. This applies to all patients, whatever their nationality and whatever the law in their home country.
PGT-A, which screens embryos for chromosomal abnormalities, is permitted where it is clinically appropriate. See our guide to PGT-A for international patients. Any clinic or intermediary that suggests sex selection is possible is acting unlawfully, and you should not proceed with them.
Clinic and bank registration
Under the ART Act, clinics and ART banks must be registered. Registration is the most basic check you can make on a clinic from abroad. Ask for the registration number and confirm that it covers the services you need.
On Miro, a clinic that has given us its registration shows an ART registered badge and the number on its profile. Ask for it if it is not shown. Our guide to NABH, ART and ICMR accreditations explains how registration differs from voluntary accreditation, and choosing a clinic from abroad covers the other checks.
Consent, records and your rights as a patient
The ART Act requires written, informed consent from the people being treated before procedures are carried out. For a couple, both partners will normally sign. Consent forms typically cover the treatment, the use, storage and disposal of embryos and gametes, and what happens to stored embryos in particular circumstances. For international patients, several practical points follow.
- Read the forms before you travel. Ask the clinic to send them in advance, so that you are not reading them for the first time on the day of treatment.
- Language. If a form is not in a language you read fluently, ask for a translation or an explanation, and do not sign until you understand it.
- Both partners present. Confirm when your partner must be in India to sign, and plan his travel accordingly.
- Stored embryos. Understand what you are agreeing to about storage periods, renewal and disposal, particularly if you will live abroad. See storing embryos in India while living abroad.
- Copies. Ask for copies of everything you sign.
Clinics are required to keep records of treatment. You should expect to receive copies of your own reports, including scan and laboratory results, embryology reports and a discharge summary, which you will need for care at home. Ask for an itemised bill as well. Your rights over personal data held by the clinic are explained in your fertility records and the DPDP Act.
Moving embryos and gametes across borders
Moving embryos, eggs or sperm into or out of India is restricted and needs regulatory permission. It should never be treated as a routine step. If you may want to use embryos created in India for treatment elsewhere later, or to bring frozen gametes to India, ask the clinic before treatment whether this is possible in your case and what approvals would be needed. See moving frozen embryos out of India.
Home-country law
Indian law governs treatment in India. Your home country's laws may still matter for questions such as the registration of a birth, parentage where donor gametes are used, and the recognition of documents issued in India. These questions differ from country to country. If donor treatment is involved, or if your circumstances are unusual, it is prudent to take advice at home as well as in India.
What to do if something goes wrong
Most concerns can be resolved directly with the clinic, but it helps to know the steps in advance.
- Raise the concern in writing. Email the doctor and the international coordinator, set out what happened, and ask for a written response.
- Request your records. Ask for complete copies of your notes, reports and consent forms. You will need these for any second opinion or complaint.
- Get an independent opinion. A second clinician can help you understand whether the care was reasonable. See how to get a better second opinion.
- Use formal routes. The ART Act sets up national and state bodies to oversee registered clinics and banks, and Indian consumer forums hear complaints about services, including medical services. A lawyer qualified in Indian law can advise on which route fits your situation.
- Contact your embassy if you need help while in India. Consular staff cannot give legal advice, but can usually provide lists of local lawyers and help in an emergency.
Many problems can be prevented by the checks in our guide to red flags when visiting an IVF clinic. If a cycle does not succeed, which is not in itself a sign of wrongdoing, coping with a failed cycle may help.
An illustrative eligibility check
The following are illustrations, not real cases or legal opinions.
- A married couple from Canada, she is 38 and he is 41. Within the ART Act's conditions. They would provide marriage and identity documents, and apply for visas unless they hold OCI cards.
- A single British woman aged 40 wishing to use donor sperm. Single women are within the Act's scope. Donor sperm would come from a registered ART bank and the donor would be anonymous.
- An unmarried couple living together in Australia. Outside the Act's scope; a clinic would generally not treat them as a couple.
- A married couple hoping to use a sister as egg donor. Known donation is not allowed; donor eggs must come anonymously through a registered bank.
- Foreign nationals seeking surrogacy. Not eligible under the Surrogacy Act.
Common misunderstandings
- “An OCI card makes me eligible for everything an Indian citizen can access.” For IVF under the ART Act, nationality is not the deciding factor; marital status and age are. For surrogacy, the position of OCI cardholders has been contested, so an OCI card should not be treated as settling the question.
- “A clinic abroad has agreed to arrange it, so it must be lawful in India.” Arrangements made outside India do not change what an Indian clinic may lawfully do. The Indian rules apply to treatment in India.
- “We can bring our own donor if we pay the bank's fee.” Donor gametes must come anonymously from a registered bank; a known donor cannot be routed through a bank to get around the rule.
- “We can take our embryos home whenever we like.” Moving embryos out of India needs regulatory permission and should not be assumed.
- “Registration and accreditation are the same thing.” Registration under the ART Act is a legal requirement. Accreditations such as NABH are separate and voluntary.
If you hear something that conflicts with this guide from a clinic or an intermediary, ask them to explain the legal basis in writing, and check it with an independent lawyer before you proceed.
Questions to ask a clinic before you commit
- Your ART Act registration number, and whether it covers the treatment I need.
- The documents you need to confirm eligibility, and whether you accept documents issued abroad.
- The registered ART bank you use for donor gametes, and how matching works.
- Whether you can send the consent forms before I travel.
- The storage terms for embryos, and what happens if I do not renew.
- The copies of records I will receive, and when.
Next steps
Once you have confirmed that the treatment you need is open to you, read the e-Medical visa guide and what IVF costs compared with home. To find registered clinics that work with patients from abroad, browse clinics set up for international patients.