Discarding IVF embryo without couple’s consent is unlawful, rules consumer body

Embryo discarded without consent

According to the complainants, they underwent IVF treatment at a fertility clinic in 2024 after being assured of infertility treatment.

During the procedure, 14 eggs were retrieved, resulting in four viable embryos—two Day-3 embryos and two Day-5 embryos. The couple paid Rs 25,000 separately for cryopreservation of the embryos for a period of 12 months, valid until March 4, 2025.

The couple alleged that the clinic graded Day-5 embryos for frozen embryo transfer (FET); however, 3rd day embryos are more viable for ART. After the FET of Day 5 embryo was done, there was no fertility.

According to the complainant, as day 5 embryos did not yield any positive result and they were negative for pregnancy, they requested transfer of the remaining Day-3 embryos. However, they were allegedly informed that those embryos had already been discarded despite the freezing period still being valid.

The couple alleged that the clinic may have transferred the productive embryos as donor embryo to the third-party patients and enriched themselves. The couple stated that they have been deprived of having a child, which cannot be measured in monetary terms.

The couple further alleged that they incurred a sum of Rs 2.8 lakh in all for the said treatment, including the freezing charges.

Alleging that the embryos were destroyed without their consent and that the clinic had failed to follow mandatory procedures, the complainants sought compensation exceeding Rs 30 lakh, reimbursement of treatment expenses and punitive damages.

Although the clinic entered appearance, they failed to file their written version within the prescribed time, resulting in forfeiture of their right to defend the complaint. While they later sought to rely on affidavits and medical literature, the commission held that, in the absence of pleadings, such evidence could not effectively rebut the complainants’ case.

‘Breach of statutory obligations’

• The commission found that the clinic had accepted charges for preserving the embryos for one year, thereby creating a legitimate expectation that they would remain preserved during that period.
• “It is to be observed that within 2 months, the embryos were discarded without information, knowledge or consent of the complainants,” the commission noted.
• It further held that prior consent is mandatory under the Assisted Reproductive Technology (Regulation) Act, 2021 for procedures involving embryos, and that destruction of embryos without explicit consent constituted a direct breach of statutory obligations.
• “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,” the commission remarked.

‘Interfered with autonomy’

It noted that the clinic’s actions unlawfully interfered with the couples autonomy and future family planning.

The commission held that the clinic violated the statutory provisions which are related to IVF procedure and noted that there was a deficiency of service, negligence and also adapting unfair trade practice. However, it declined to order reimbursement of the treatment expenses or award punitive damages, reasoning that the complainants had received the treatment for which those charges were incurred.

Taking into account the mental agony, inconvenience, health issues and financial loss suffered by the couple, the commission awarded Rs 5 lakh as compensation and Rs 30,000 towards litigation costs.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Telangana contact: 040 233 94 399 ) or dial the National Consumer Helpline at 1915 for assistance.