Delhi Court Rejects Clinic's Petition in Gurgaon Couple's Embryo Mix-Up Case
A Delhi court has cleared the way for the criminal prosecution of a Delhi fertility clinic after a Gurgaon-based couple accused the facility of an embryo mix-up that resulted in the birth of twin girls who are not biologically theirs. On June 5, the court dismissed a petition filed by the hospital that challenged a magistrate's order directing criminal proceedings.
The dispute began after the Gurgaon couple alleged that the clinic forged their signatures on consent forms to create a false impression that their own eggs and sperm were not viable for creating an embryo. According to the couple, the hospital claimed they had provided written informed consent on May 14 to use anonymous donor oocytes and sperm, a claim the parents strongly deny. They pointed out fake certificate numbers on an insurance record for a purported donor as evidence of the fraud.
The legal battle has highlighted the strict regulations surrounding consent in Assisted Reproductive Technologies (ART) and surrogacy procedures in India. Under the ART Act and the Surrogacy (Regulation) Act, clinics are legally required to obtain informed, written consent from patients at every pivotal stage of treatment.
Commenting on the case, IVF specialist Dr. Aniruddha Malpani emphasized that consent must be a transparent, informed process rather than a mere signature on a form. Dr. Malpani noted that the law prohibits clinics from administering treatment without informed, written consent, which requires giving patients time to read, understand, and ask questions. He added that patients retain the right to withdraw or change their minds on the day of the procedure, and that reputable clinics should show photographs of embryonic development to explain any viability issues.
Under the ART Act, couples undergoing IVF must sign Form 6, which authorizes the clinic to perform the procedure and administer necessary drugs. This form explicitly states that patients are free to withdraw or modify their consent in writing at any point before the gametes or embryos are used.
