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

The newborn’s hospitalisation and subsequent blood tests revealed that her blood group did not match either of the two parents

shoes of a small child of blue nad pink colour on a surface made up of gravel ivfWhen 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 seeking directions for Vadodara city police to initiate criminal action against a prominent fertility centre after his newborn’s hospitalisation and subsequent blood tests led to a paternity test that revealed that the petitioner is not the biological father of the baby.The Gujarat High court on Wednesday directed city police to “look into” his complaint and apprise about the outcome within four weeks.

The man moved the court, after Vadodara city police allegedly failed to register his complaint. Based on his plea, the HC on Wedenesday issued the directive to the city police. The man in his plea sought a criminal complaint against a 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.

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The 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”.

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

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