IVF mixups are an unfortunate reality not just in the United States, but worldwide. Such was the case when a New York couple gave birth to twins, who were not genetically related to the parents or to each other. A similar unfortunate incident was reported in India in June 2023 when a ruling found against the doctors involved in an IVF treatment leading to a sperm mix-up.
Lawsuits against clinics and doctors for IVF mix-ups have frequently been brushed aside, with courts reluctant to attach higher value to one set of genetics over the other. However, recent developments show a noticeable shift in legal theories on these matters, such as in a case in Singapore where the court awarded damages based on the “loss of genetic affinity.”
Back in India, the National Consumer Disputes Redressal Commission (NCDRC) recently issued a substantial fine to a West Delhi hospital for a sperm mix-up scandal. Interestingly, the fine is to be awarded directly to the children of the couple involved. In the absence of a qualified embryologist in the case, the NCDRC also raised questions about the handling of egg and sperm samples and unethical practices in the fertility field.
The NCDRC’s ruling has also called for mandatory DNA profiling for children born through assisted reproductive technology procedures. They emphasized the need for government-led accreditation of fertility clinics. Should the Indian government heed the NCDRC’s advice, it could lead to increased regulation in this sector. Such regulation, given India’s broad expertise in the fertility field, could set the course for other countries grappling with the seriousness of errors in advanced reproductive technology.