The recent experience of a couple in Gurugram, who discovered their IVF baby was not genetically related to them, has intensified discussions around assisted reproductive technology mishaps. After spending substantial amounts on fertility treatments, the couple noticed that the child’s features did not resemble their own, prompting them to seek a DNA test. The results confirmed that neither parent was biologically linked to the child.

In response to this distressing revelation, the couple has lodged a formal complaint with the appropriate authority under the Assisted Reproductive Technology Act. Additionally, they filed a First Information Report (FIR) against the IVF clinic involved and the hospital where the child was delivered.

This case mirrors similar incidents, highlighting a troubling trend in the field of IVF treatments in India. In January 2023, the National Consumer Disputes Redressal Commission (NCDRC) also imposed a fine of Rs 1.5 crore on a clinic in Delhi for a comparable error where a child was conceived using a sperm donor without the parents’ consent.

Concerns Over IVF Practices

The NCDRC has raised serious concerns about unethical practices within IVF clinics. Reports indicate that some facilities fail to obtain proper consent from commissioning parents before using donor gametes, and they often do not adhere to adequate storage protocols. The Commission concluded that such negligence has led to significant mental trauma for affected couples.

As a notable outcome of the 2023 case, the NCDRC recommended that the Government of India revise the ART Act to include mandatory DNA testing for children conceived through assisted reproductive technologies. This change aims to ensure that biological relationships are clearly established, though no action has been taken by the Health Ministry or National Medical Council as of now.

A recent incident from Secunderabad in Andhra Pradesh in 2025 added to these concerns, with another FIR filed against a clinic for similar offences regarding the use of an incorrect sperm sample. These repeated issues underscore the necessity for stricter regulatory measures in the sector.

Legal Framework and Implications

Legal experts indicate that affected couples have the option to pursue both civil and criminal actions against the clinics involved. They can approach district and state authorities, as well as consumer forums, for compensation due to medical negligence. However, the enforcement of these laws can be slow, causing distress to families already facing emotional turmoil.

In broader terms, the ART Act aims to safeguard the rights of children born through IVF, designating them legally as the biological offspring of commissioning couples. The law also restricts the disclosure of any donor information, ensuring anonymity unless required for medical emergencies or legal directives.

Proposed Reforms and Future Directions

Moving forward, there is a pressing need for the introduction of mandatory DNA testing at different stages of the IVF process to prevent similar situations. Advocates argue that amending the ART Act could lead to standardised practices that protect the rights of all parties involved, including the children born through these methods.

In contrast, the Supreme Court has expressed caution regarding the routine implementation of DNA tests, yet there is a growing consensus that such measures may be advisable in ART cases. As public awareness increases alongside concerns about unethical practices, it is crucial for the government to respond promptly to calls for reform.

As the Gurugram couple seeks answers about their biological child, their case may become a catalyst for change in how India regulates IVF centres and addresses the legal issues surrounding assisted reproductive technologies.

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