Egg donation in South Africa is regulated by the National Health Act 61 of 2003 and the Regulations Relating to Artificial Fertilisation of Persons (R.175 of 2012). A donor must be at least 18, give written informed consent and go through a gynaecological examination, sexually transmissible disease tests and a family-history check. Payment for eggs is an offence; only reasonable expenses may be reimbursed.
This page sets out what the law requires, what the SASREG guidelines for egg donation agencies add, and what to settle with a clinic before you agree. Age ranges, body mass index, lifestyle criteria and clinical risks are for the fertility clinic to explain to you.
Eligibility and Health Requirements at a Glance
What the law and the regulations require of an egg donor.
- Age: a gamete may not be removed from a person younger than 18, unless the Minister authorises an exception under the Act
- Written informed consent, given in the prescribed manner
- A gynaecological examination before stimulation
- Two tests for sexually transmissible diseases, not more than three months apart and one month before the donation
- A family-history check covering genetic conditions, carrier status and mental illness in a child, sibling, parent or grandparent
- A signed statement saying whether you have donated before, and where and when
- A psychological suitability evaluation, which is recorded in your donor file
The clinician must open a donor file and ascertain your age before any eggs are removed (R.175, regulation 7).
Age, Medical or Lifestyle Criteria
The only age rule in law is the minimum of 18. The Act and the 2012 regulations do not set an upper age, a body mass index or lifestyle rules such as smoking.
The SASREG guidelines for egg donation agencies describe a donor profile: mentally and physically healthy, a BMI under 30 and under 35 years of age. They say the legal age is 18 but recommend that donors are at least 21 unless a psychologist clears a younger donor. Clinics set their own criteria, so ask a registered fertility clinic what it applies to you.
The same guidelines advise that every donor has a psychological assessment before a first donation, or when the previous donation was more than 12 months ago.
Documents, Tests or Evidence Required
The regulations require the clinician to keep a donor file. It records:
- Your full name, surname, date of birth and identity number
- Your age, height, mass, eye and hair colour, complexion, population group, nationality, religion, occupation and qualification
- Your family history
- The results of your medical, genetic and infectious-disease tests
- The psychological suitability evaluation
- Your consent
Written consent is required under section 55 of the Act. If you and the recipient already know each other (a known donor), both of you must confirm this in writing and both must have a psychological evaluation (regulation 7).
Restrictions and Important Considerations
Payment. Under section 60(4) of the Act it is an offence for a donor to receive any financial or other reward for a gamete. The penalty is a fine or imprisonment of up to five years, or both. Regulation 4 allows reimbursement of reasonable expenses you incur to donate. Neither sets a rand amount, so ask the clinic in writing what it reimburses.
Advertising. The SASREG guidelines say adverts should avoid statements about earning money or financial gain, although mentioning reimbursement or compensation is acceptable. They also say no money passes between donor and agency: only the fertility clinic can reimburse the donor. An agency may charge the recipient a matching fee.
Limit on children. Under the 2012 regulations (regulation 6), eggs may not be removed if the clinician knows or suspects that six children have already been conceived using your gametes, and you must be told you may not donate further. A 2016 Government Gazette notice (GN 1165) proposed raising this to 12 live births, but it was a draft for comment, so treat six as the rule in force.
Number of donations. The SASREG guidelines advise about six donations in total, no more than about four in 12 months and no back-to-back donations, unless special permission is given.
Confidentiality. Under the regulations the donor file may not be made available to anyone outside the clinician’s supervision, except under legislation or a court order. The recipient and clinician receive non-identifying particulars only, with a file number. The SASREG guidelines say donations, unless between known parties, are anonymous, with no identifying information exchanged and no future contact with the child.
Who may remove eggs. Only a “competent person” may remove gametes, and removed gametes must be stored frozen.
How to Prepare or Apply
Approach a registered fertility clinic or a donor agency that follows the Act and the regulations. The SASREG guidelines page publishes the guidelines agencies are expected to follow, including that donors are fully briefed on the process, risks and side effects.
- Ask the clinic to explain the screening, the risks and side effects, and what it will reimburse, in writing.
- Read the consent forms before you sign.
- Never pay a clinic or agency to donate. The guidelines say no money moves between donor and agency, and the law prohibits rewards for gametes.
- Be wary of social media adverts offering large sums for eggs, because the law prohibits payment for gametes.
- If you have a complaint about an agency, the SASREG guidelines point to the Department of Health.
Frequently Asked Questions
Can I be paid for donating eggs?
Not for the eggs. Section 60 of the National Health Act makes it an offence to receive any financial or other reward for a gamete. Regulation 4 only allows reimbursement of reasonable expenses you incur to donate.
Is egg donation anonymous in South Africa?
The SASREG guidelines say donations are anonymous unless they are known-donor arrangements, and the regulations keep the donor file confidential except under legislation or a court order. Known donors are allowed, with written confirmation and a psychological evaluation of both parties.
How old do I have to be to donate eggs?
At least 18 in law. SASREG describes a donor under 35 and recommends at least 21 unless a psychologist clears a younger donor. The clinic sets its own criteria.
How many times can I donate?
Under the 2012 regulations, eggs may not be removed once six children are known or suspected to have been conceived from your gametes. SASREG advises about six donations in total and about four in 12 months at most.
What tests are required before I donate?
A gynaecological examination, two tests for sexually transmissible diseases not more than three months apart, a family-history check and a psychological suitability evaluation, plus your written consent.
The National Department of Health sets the legal rules and SASREG publishes the agency guidelines, so confirm current requirements with them and a registered fertility clinic. See health requirements and browse all health and lifestyle requirements.