Gujarat High Court Asks Police To Look Into Man's Cheating Claim Against Fertility Centre Alleging Child Born Via IVF Is Not His

The Gujarat High Court on Thursday (July 9) directed the police to look into a man's grievance alleging cheating and forgery by a fertility hospital wherein he claimed that a DNA test revealed that he is not the biological father of the child born to him and his wife through IVF procedure. 

The plea has alleged "cheating, criminal breach of trust and forgery" levelled against the fertility hospital.  

After hearing the parties Justice Hasmukh D. Suthar in his order said, “The Present petition is filed by the petitioner seeking direction to decide the complaint...Considering the aforesaid fact, the respondent authority is directed to look into the matter and inform about the outcome of the same preferably within four weeks.”

The court disposed of the petition clarifying that it has not gone into the merits of the case and further granted liberty to the petitioner to approach the appropriate forum against any adverse decision passed by the police authority.

The plea stated that petitioner and his spouse approached a fertility treatment hospital for IVF proceedure and was assured "lawful treatment, adherence to medical norms and ethical practices:.

The plea claims that the hospital took the petitioner's semen sample for analysis and after finding out certain abnormalities in the analysis report, they put him under prescribed medication and advised him to undergo a follow-up examination after a few months.

Later, the plea claims, after a second semen sample, the medical report of the petitioner was found to be normal. Subsequently, the plea states, the hospital performed an Intrauterine Insemination (IUI) procedure on the petitioner's wife which turned out to be unsuccessful and did not result in pregnancy. Pursuant to this, the medical consultants advised and recommended IVF treatment.

The plea claims that the couple consensually agreed to proceed with the IVF. It states that as pet the hospital estimated the total treatment cost to be Rs. 5,50,000 which included medicines, injection, diagnostics and other ancillary medical expenditures and which was duly paid by the petitioner.

It was contended in the plea, that the petitioner's semen was cryopreserved (semen freeze) in March 2024 and the wife's eggs were retrieved in April 2024. It states that following completion of all necessary medical treatments of both the husband and wife, embryo cryopreservation was undertaken, resulting in the freezing of five embryos for a period of six months on 14th April 2024. Thereafter, the first IVF (In Vitro Fertilization) cycle was conducted using two embryos, as per the medical report dated  June 4, 2024.

An Endometrial Receptivity Assay (ERA) test was conducted on wife, followed by a pregnancy confirmation in September 2024 and the couple had a daughter in April 2025, the plea states. 

After the child was born with certain health issues, blood tests revealed that both parents are O Positive, while the child's blood group is B Positive.

Thereafter a DNA test was conducted which revealed that the child is biologically related to the mother, but not to the petitioner-father.

Aggrieved by this, the petitioner filed an application with the Commissioner of Police, Vadodara. Later, the investigation got transferred to Akota Police Station wherein the complaint was filed in May 2025; however no action has been taken by the police, the plea claims.

Aggrieved by the same the petitioner moved the High Court seeking a direction to the police officials to register the complaint and initiate an investigation.

Case Title: X vs State of Gujarat

Case Number: Special Criminal Application (Direction to Lodge FIR/Complaint) No. 8250 of 2025

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