Know Your Laws: What to do if IVF centre gives you the wrong baby?
The recent case of a Gurugram couple who found that their IVF baby was not actually their biological child at all has grabbed headlines. The
The recent case of a Gurugram couple who found that their IVF baby was not actually their biological child at all has grabbed headlines. The couple has spoken out in the media about how they found that the child born to them after spending lakhs at an IVF center had different features from the rest of their family, and then a DNA test found that she was not related to the father or the mother. They have filed a complaint before the Authority under the Assisted Reproductive Technology Act, and also an FIR under the Act against the IVF center and the hospital where the child was born. Read Full Story Unfortunately, this is not an exceptional or uncommon case. In 2023, the Consumer Disputes Redressal Commission (NCDRC) imposed a Rs 1.5 crore fine on a Delhi-based clinic after it was found that the child did not have the husband’s DNA but some other sperm donor, which was not approved by the couple. The NCDRC also flagged rampant unethical practices by IVF clinics, noting that they use donor gametes without the consent of the parents, and often don’t have proper storage facilities. The Commission also held the clinic responsible for medical negligence and mental trauma caused to the couple. One important outcome of the 2023 case was that the NCDRC recommended to the Government of India to amend the ART Act to allow DNA testing. The Commission suggested that a DNA test be done for a baby born through ART procedures, which shows the DNA match to the parents. Till now, there does not seem to have been any action by the Health Ministry or the Medical Council on this suggestion. In 2025, a similar case was reported from Secunderabad in Andhra Pradesh, where an FIR was filed against the clinic for using someone else’s sperm sample.
WHAT IS IVF MIX UP? In IVF, embryos are created using the intended parents’ (or donor’s) egg and sperm, then implanted into the uterus. A “mi up” occurs in these cases 1) The wrong sperm or egg is used 2) Another couple’s embryo is transferred 3) Stored samples are mishandled or mislabelled Such an error can only come to light after birth, often during a DNA test, a medical complication, or simply when a child looks very different, as was the case for the Gurugram couple. What is also important is that the ART Act does not restrict the commissioning couple to using only one gamete i.e either sperm or oocyte for IVF treatment of infertility. A commissioning couple can obtain both the counterparts -- sperm as well as oocyte to be condensed into an embryo and then implanted in the wife’s uterus. In such case, the DNA profile of child would certainly be different from the commissioning couple, but in such a case the couple must be fully informed and sign the consent form. The law also has provisions barring the disclosure of any identification or information about the donor to the couple, except where there is a medical emergency or by order of a court. Additionally, the law specifically protects the rights of IVF children. They are legally identified as the biological children of the commissioning couple with all rights and titles under law, and cannot be abandoned or rejected by the couple. WHAT IF COUPLE HAS USED THEIR OWN SAMPLES BUT FOUND SOMEONE ELSE’S BIOLOGICAL CHILD? Under Section 33 of the ART Act, 2021, a complaint can be filed for “exploiting the commissioning couple, woman or gamete donor” against the clinic and the doctors who performed the IVF. However, the punishment under the act lacks teeth – Section 33 provides for punishment of up to 10 lakh rupees fine for the first offence by a medical practitioner, gynaecologist, geneticist or any other person.
The BriefWire