Gujarat HC directs police to investigate fertility centre after man alleges child born through IVF is not his

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When the father underwent a paternity test, the DNA did not match. Thus, proving that the centre cheated the couple by inseminating the wife’s fertile eggs with sperm of another person, the advocate said. (Credit: Pixabay)A Vadodara-based man ended up knocking on the doors of the Gujarat High Court against a prominent fertility centre after his newborn’s hospitalisation and subsequent blood tests allegedly revealed that her blood group did not match either of the two parents even as the court directed city police to “look into” his complaint.The man moved the court after Vadodara city police failed to register his complaint. Based on his plea, the HC on Thursday issued the directive. The man in his plea sought a criminal complaint against the fertility centre for alleged “cheating and forgery” after the DNA test confirmed that he was not the biological father of the IVF baby that he welcomed with his wife in April this year.Advocate MB Gohil, representing the petitioners, told The Indian Express: “The couple had approached a prominent IVF franchise centre in Vadodara. They were assured that a lawful and ethical process would be followed. Initially, they tested the sperm samples of the husband and advised some fertility treatment to him. Thereafter, another sample was taken and he was found to be fertile. Then they told the couple to deposit a sum of Rs 5.5 lakh as they could undergo IVF”.Gohil added that the hospital conducted the Intrauterine Insemination (IUI) procedure on his wife and she was successfully impregnated. “We have mentioned in the petition that it was in March 2024 that the petitioner’s semen was cryopreserved (freezed) and the wife underwent an egg retrieval procedure in April 2024. Thereafter, they processed the cryopreservation of five embryos and conducted the first IVF cycle in June 2024. The pregnancy was confirmed in September 2024.”It was when the newborn was hospitalised for severe health issues after her birth in April 2025 that a medical report revealed that her blood group did not match either of the two parents. Gohil said: “While both parents have O positive blood group, the baby has a B positive blood group, which created a doubt in the mind of the petitioner. When he underwent a paternity test, the DNA did not match. Thus, it was proven that the petitioner is not the biological father of the child and the centre has cheated the couple by inseminating the wife’s fertile eggs with sperm of another person.”Gohil added that the petitioner decided to move the High Court as the Vadodara city police did not register his complaint until the plea was filed.Gohil said, “The petitioner had approached one police station in Vadodara city, which directed him to another police station. There, he visited multiple times and was made to wait but no complaint was taken. Exasperated, he moved a petition before the HC on June 10. On June 21, after learning about the petition, the Vadodara police issued the first summon to the petitioner to record his statement but there has been no update on the case,” Gohil said.Story continues below this adThe lawyer added that a representative of the IVF center, who initially claimed in her police statement that she was “only an employee” had also filed an affidavit in the HC as a joining party and claimed to represent the IVF centre.Gohil said, “We argued that the case in the HC was against the Vadodara city police, seeking directions for criminal action. The representative of the IVF centre has no locus in the case as they are not respondents in the petition… The court has accepted the argument and directed the Vadodara police to file an update in four weeks, failing which, we are at liberty to move a fresh petition.”In an oral order on Wednesday, Justice HD Suthar of the Gujarat High Court directed the police to “look into the matter and inform about the outcome of the same, preferably in four weeks.” The court also said that it had “not gone into the merits of the case” and granted liberty to approach “the appropriate forum against any adverse direction passed by the police authority”.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt Ltd