Recently, the National Consumer Disputes Redressal Commission (NCDRC) slaps ₹1.5-crore fine on West Delhi-based hospital for a sperm mix-up during IVF procedure.

In the said matter, the semen donor did not belong to the husband.

Further, NCDRC observed that mushrooming of IVF clinics has made rampant unethical practices in India and that there is a need for a prompt and fixed timeline for the accreditation of ART clinics by authorities. 

The NCDRC order comes 14 years after the complainant, Priyanka Tandon, conceived twin girls. In 2008, Ms Tandon and her husband Dinesh approached Bhatia Global Hospital and Endosurgery Institute for an IVF procedure. 

In the said matter, back in 2008, an Intra-Cytoplasmic Sperm Injection (ICSI) procedure was carried out and an embryo was transferred to Ms. Tandon’s womb. The pregnancy was confirmed after a month and later Ms Tandon went on to deliver twin girls. 

Later, during the time of delivery, it was observed that the blood group of one of the twins was AB positive. The blood group of Ms Tandon was B positive while that of her husband was O negative. 

During the DNA profiling at the Centre for Cellular and Molecular Biology (CCMB), Hyderabad, it revealed that Ms Tandon’s husband was not the biological father of the twin girls, the NCDRC order states.

It further observed that the doctors involved in the procedure were pointing fingers at each other and resorting to shifting blame and that unfair trade practices were adopted by the doctors. 

The NCRDC also observed that an embryologist, who is a crucial person for conducting the ICSI or IVF procedure, was missing from the scene in the case of the complainant couple. It questioned the handling of egg and semen samples in the absence of a qualified embryologist. “Routine gynaecologists who do not have in-depth knowledge are also opening clinics as they think there is money in it,” the order stated. 

The NCRDC has imposed a fine of ₹1.5 crores on the accused — Dr. R.S. Bhatia, Chairman; Dr. Indu Bhatia, Director; Dr. Archana Bajaj, Dr. Indira Ganeshan, both consultants; and Dr Parveen Bhatia, Medical Director of the hospital. 

“The amount of ₹1.5 crore shall be kept in fixed deposit in equal proportion in names of each twin till both attain majority, and parents shall be the nominee and are permitted to withdraw periodic interest for the welfare of the child,” the order says. 

Treating this case as a microcosm, the NCRDC raised wider issues surrounding mushrooming of ART centres which lead to incorrect treatment of innocent infertile couples. “The instant complaint involves many burning issues like medical ethics, unfair practices and misleading advertisement,” it said.