A district consumer commission in Hyderabad has ordered a fertility clinic to pay ₹5 lakh in compensation to a couple after ruling that the clinic unlawfully discarded their frozen IVF embryos without their knowledge or consent.
The commission held that the clinic’s actions amounted to negligence, deficiency in service, and an unfair trade practice. It observed that destroying stored embryos deprived the couple of their opportunity for biological parenthood, causing severe emotional distress, health-related difficulties, and financial loss.
The couple underwent IVF treatment in 2024, during which four viable embryos were created. They also paid ₹25,000 to preserve the embryos for one year, with storage valid until March 2025. After an unsuccessful frozen embryo transfer using a Day-5 embryo, they requested the transfer of the remaining Day-3 embryos, only to be told that those embryos had already been discarded months before the storage period expired.
The commission noted that the clinic had accepted payment for embryo preservation, creating a clear obligation to store them for the agreed period. It further ruled that destroying embryos without the couple’s explicit consent violated the Assisted Reproductive Technology (Regulation) Act, 2021.
In its order, the commission stated: “Discarding embryos results in irreparable harm permanently eliminating the couples chance of biological parenthood. The improper handling and premature disposal demonstrate gross negligence and lack of reasonable skill expected in such specialised procedures.”
Although the couple sought compensation exceeding ₹30 lakh along with reimbursement of treatment expenses and punitive damages, the commission awarded ₹5 lakh for mental agony and ₹30,000 towards litigation costs. It declined to reimburse the treatment expenses, noting that the medical services had been provided.
The ruling reinforces the importance of informed consent and strict compliance with legal safeguards in assisted reproductive treatments, emphasizing that fertility clinics are accountable for protecting patients’ reproductive rights.
(The above photo is for illustrative purposes only)