For years after marrying in 2015, a couple living in Delhi-NCR dreamt of becoming parents.
“There was no social pressure,” the husband said. “But every couple wants at least one child. Ronak ho jaaye aur ghar bane, family complete hone waali baat hoti hai (we wanted our home to be filled with joy and finally feel like a home)… We went to many hospitals, hoping someone could help us.”
By 2020, after consulting several hospitals, they said doctors had told them the wife was unlikely to conceive through in vitro fertilisation (IVF). Desperate to have a child, the couple, who were in their 40s then, approached SCI International Hospital in South Delhi, one of the few hospitals they were told offered surrogacy services.
“We just wanted a baby,” the couple said.
The hospital arranged a surrogate mother. Soon, they were told she was carrying twins.
Five years later, that journey turned into a nightmare.
They couple alleged they were misled throughout the surrogacy process — from being denied access to the surrogate mother to being told one twin had died, and eventually being shown a surviving baby boy whom they suspect was not biologically theirs.
They moved a Delhi court, which ordered the registration of an FIR in December 2024, observing that the allegations warranted investigation into possible cheating, forgery and a wider commercial surrogacy racket. Coercive action against the hospital was later stayed. Doctors at the hospital were unavailable for comment.
Early signs of trouble
According to the couple, they were allegedly never allowed to meet the surrogate mother during the initial months of her pregnancy and had to rely entirely on updates provided by the hospital.
They claimed they had sought an independent ultrasound of the surrogate mother but were denied permission. The hospital allegedly cited her abdominal pain as the reason. Instead, it conducted all the ultrasounds itself, periodically sharing reports.
On February 25, 2021, they said they were shown the surrogate mother’s photograph on a laptop for the first time — and they were taken aback.
“She looked around 40 and didn’t seem fit for surrogacy,” they alleged.
They claimed that hospital officials, however, insisted she was 30.
The same day, after receiving part payment through two cheques, the hospital emailed them the surrogacy agreement and informed them that the surrogate mother was carrying twins.
According to court records, the couple alleged that in July of that year, they finally met the surrogate mother but she had no baby bump. “Her belly was flat even though we had been told she was around five months pregnant with twins,” they alleged.
Looking back, the couple said they continued trusting the doctors because all medical reports appeared normal. “The reports were always perfect. The laboratory was also theirs. They created an atmosphere where you trusted whatever they told you,” they alleged.
The hospital, they claimed, often justified its higher fees by saying it had superior equipment and a higher success rate.
‘We were shattered’
On August 20, 2021, the couple claimed the hospital suddenly informed them that the surrogate mother had abdominal pain.
Two days later, they claimed they were told that the surrogate mother had delivered the twins: the girl was stillborn, while the boy was alive.
They immediately contacted the hospital, which allegedly told them the body of the baby girl had been disposed of and the boy was on a C-Pap (Continuous Positive Airway Pressure) machine and under observation.
“It was devastating… we were denied the opportunity to see the newborn girl… or know what happened to her body or her final resting place…,” the couple told The Indian Express.
Furious, the family told the hospital that they wanted to meet the surrogate mother. They claimed the hospital told them she left and had no obligation to meet them after giving birth.
Court battle
The couple subsequently approached court, alleging that hospital officials had conspired to cheat them. They were represented by advocate Amit Kain.
According to court documents, the couple claimed the surviving baby boy was not born to the surrogate mother and that hospital authorities attempted to impose the child on them. They further alleged that no documentary proof of the surrogate mother’s identity was provided.
On December 16, 2024, the court ordered that an FIR be registered. “From careful scrutiny of the record, it appears that all facts and circumstances taken up together hint at commission of several cognizable offences such as cheating and forgery and… needs to be investigated if a greater conspiracy of commercial surrogacy is at play,” said Judicial Magistrate First Class Devanshi Janmeja of Saket Court in her order.
The court invoked the discretionary power vested in it under Section 175(3) BNSS. “The SHO, GK-1 police station, is directed to register an FIR in this case and submit a compliance report. It is further directed that the investigation shall not be restricted to the offences alleged in the complaint,” the judge added.
A week later, police filed the Action Taken Report (ATR) and an FIR was registered on December 18, 2024, under charges of criminal breach of trust, cheating, and dishonestly inducing delivery of property.
SCI hospital then approached a Sessions Court seeking a stay against the order.
On January 22, 2025, Additional Sessions Judge Vishal Singh of Saket Court ordered that no coercive action be taken against the hospital until further orders.
According to court records, the hospital has maintained that the surrogate mother delivered a stillborn female child and a surviving male child. It also claimed the couple refused to take custody of the surviving baby.
While the FIR was lodged, the interim order against any coercive action continues till date. The case will next be heard on August 11.
‘Our lives changed’
The couple said they are still struggling to cope. “… Later, we saw in the news that the hospital has been doing this kind of fraud…,” they alleged. “This added to our pain.”
They alleged that despite approaching multiple authorities, including the health department and medical bodies, no action was taken for years.
“On the pretext of providing IVF and surrogacy services, they (the hospital) dupe clients by first luring them with false promises, playing with their sentiments and then treating them like walking wallets. Our bill came to Rs 41 lakh… we had paid over Rs 7 lakh,” they alleged.
Their prolonged legal battle has taken its toll. “We have stress, anxiety, and find it difficult to concentrate on our daily responsibilities,” they said.
According to court records, the couple alleged that in July of that year, they finally met the surrogate mother but she had no baby bump. (Image generated using AI) 
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