NCW Forms Panel to Review IVF Rules Amid Fraud, Ethical Concerns

The CSR Journal Magazine

The National Commission for Women (NCW) has established a high-level expert committee to assess the regulatory framework governing In Vitro Fertilisation (IVF) clinics and Assisted Reproductive Technology (ART) centres. This initiative follows rising concerns regarding irregularities within the fertility treatment sector. The formation of the committee comes in the wake of a reported IVF fraud case in Gurugram, where a couple claimed that DNA tests indicated their IVF-conceived twins were not biologically related to them.

Headed by Justice Asha Menon, a former judge of the Delhi High Court, the committee comprises specialists from diverse fields including medicine, forensic science, public policy, law enforcement, gynaecology, and officials from the Union Health Ministry. Its primary focus is to examine the implementation of pertinent laws such as the ART (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, along with the 2026 amendment rules.

The NCW has raised concerns regarding unethical practices prevalent in the sector, the growth of medical tourism, circumvention of legal safeguards including sex selection, inconsistent treatment protocols, financial exploitation of patients, and insufficient regulatory oversight across IVF clinics. The committee aims to establish a comprehensive understanding of these issues and formulate necessary recommendations.

Committee Objectives and Goals

The expert committee is tasked with reviewing existing safeguards related to informed consent, patient privacy, and biological traceability in the IVF and ART sectors. This review will involve identifying deficiencies in the current regulatory structure and proposing legal and policy reforms aimed at enhancing oversight. Moreover, the committee will be responsible for developing Standard Operating Procedures (SOPs) and best-practice guidelines to promote transparency and ensure ethical treatment within the industry.

By addressing identified gaps, the committee’s recommendations are intended to fortify governance concerning the ART ecosystem. This initiative becomes especially relevant given that approximately 2.8 crore individuals in India are estimated to be affected by infertility, with around 3 to 3.5 lakh IVF cycles conducted annually. The safeguards proposed will focus on protecting the rights, dignity, and safety of women seeking fertility treatment in the country.

IVF treatment is increasingly placing financial strain on many Indian couples, with a government report indicating that nearly nine out of ten couples undergoing such treatments face significant economic burdens. The committee will also look into the financial implications of IVF treatment, especially as many private providers operate in this space, leading to treatment costs that can be prohibitively high and unpredictable.

Case of Alleged Mix-Up in Gurugram

The ongoing concerns within the IVF sector have been underscored by the case of a couple from Gurugram, Rahul Rathore and his wife, who allege that their twin daughters, born through IVF, do not biologically belong to them. Their suspicions were raised when one twin did not resemble either parent, prompting them to undergo DNA testing. The couple had received IVF treatment at a reputable hospital last year, with embryos implanted in May 2025 and the twins born in January 2026.

According to the couple, the DNA test purportedly revealed that neither the maternity nor paternity samples matched those of the children, leading to fears that their embryos may have been mixed up with another couple’s samples. The situation has escalated into a legal dispute, with initial complaints to the police reportedly going unregistered until a formal First Information Report (FIR) was filed on March 31 following court intervention.

Currently, the couple is demanding clarity regarding the status of their biological children and has urged authorities to examine IVF records comprehensively. They seek to ensure that a thorough investigation is conducted to uncover the truth behind their case, reflecting broader concerns within the industry regarding patient care and regulatory enforcement.

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