Delhi Authority Halts Probe Into Embryo Swap Allegation By Gurgaon Couple
The Delhi Assisted Reproductive Technology (ART) authority has suspended its inquiry into allegations by a Gurgaon couple that a private fertility clinic in Greater Kailash, Delhi, swapped their embryos, resulting in the birth of twins who are not biologically theirs. The Delhi state body, known as the UT Appropriate Authority under the ART and Surrogacy Act, issued an order on July 3 to keep its proceedings in abeyance, citing pending judicial decisions and an ongoing criminal investigation.
The complainants, Gurgaon residents Rahul Rathore and Meenu Rathore, filed their complaint against the SCI IVF Hospital in Greater Kailash in February. The couple has been seeking regulatory action against the clinic, alleging that their embryos were swapped during the IVF process.
Before the Delhi authority's decision to halt the probe, the Union Health Ministry’s ART and Surrogacy Division had intervened. In a communication dated June 15, the ministry noted that "considerable time" had elapsed since the complaint was first referred to the Delhi authorities, and sent repeated reminders seeking an action-taken report.
The Health Ministry had requested a detailed verification of the authenticity of the records submitted by the IVF centre. This included checking whether consent forms, affidavits, donor records, insurance documents, embryo transfer records, and admission and discharge summaries were genuine and legally valid. The ministry also questioned whether any records had been forged, manipulated, fabricated, or backdated after the dispute surfaced, and asked the Delhi authority to furnish a comprehensive report.
However, the Delhi ART authority chose to put the investigation on hold. In its July 3 order, the authority stated that the proceedings are kept in abeyance till judicial determination of the matter, adding that no directions shall be issued at this stage and the matter may be revived after judicial adjudication.
The decision has drawn criticism from the Gurgaon couple, who allege that the regulator is delaying the inquiry. Rahul Rathore stated that there is no separate judicial inquiry preventing the authority from examining the documents or carrying out its statutory responsibilities. He expressed frustration over the delay, noting that while they feel blessed to raise the children, they still want to know the whereabouts of their biological child.
