LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj   14 March 2020

Surrogacy/ivf

Hello Experts,

One of our family members had chosen to go for IVF/Surrogacy treatment in Mumbai. After initial tests were done, as per the doctor's suggestion the couple went for surrogate option, no donor involved. They paid 5L where they were promised embroyo formation plus two surrogate attempts and additional expense would be after pregnancy is confirmed. The embroyo formatino was successful and they got 6 embroyos , and they got first attempt surrogate and 2 embroyos were transferred. Unfortunately it did not succeed  and the couple asked for a second surrogate attempt as per the package. However the clinic started giving misleading answers and asking to go for another embroyo formation cycle, and asking for additional payment of 1.75L. THere is a strong doubt that clinic may have damaged/destroyed the remaining embroyos due to negligence or worse,  they  sold embroyos to some other couple without permission, it is also possible that the other couple may have conceived this coupl'es child. But it is very difficult to verify, as embroyos are frozen and one can not see them,  and also no information is shared if the embroyos were sold to some other patient. So it is very difficult to prove our doubts. Since clinic is asking for another embroyo cycle, it is certain that some  cheating is going on. It is very expensive to go to another clinic (as 5L is already paid), and very difficult to continue as they are asking for more money now and also they are not transparent, dont know what they are doing.

Please suggest if there is any way out, it is  a really helpless and sad situation,

thanks,

R



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     14 March 2020

Dear querist,

You have to be very careful while going private clinics or doctors. Try to mutually settle the dispute by discussion. You have option to take legal action also.

Regards,

Sreeni (Retd)     14 March 2020

First you go through the papers signed before paying 5lac,and read terms& conditions they put on paper.Then you can think of further procedure.

Raj   14 March 2020

Sir no formal contract was signed, on white paper they gave breakup of costs. also all payment receipts are given, issue is they have misused the embryos and then asking for one more cycle with more money. Is there any procedure to check if they have misused embryos. May be any medical guidelines etc. Legal steps will work if we can prove their fault but they may just keep show some embroyos and tell them they are safe etc. we cant verify if they are genuine. If we can somehow prove they neglected or misused embroyos, can the couple go to consumer court and ask for refund or better to get their baby back. The whole family wants their baby and if really clinic neglected and lost embroyos then a refund. Kindly suggest, will be really grateful to you all.

Sreeni (Retd)     14 March 2020

In that situation you better file a consumer case and ask for damages or further treatment without extra payment.Or return of baby also depending on their stand.

P. Venu (Advocate)     14 March 2020

In the absence of written contract, it may be difficult to pursue a legal course of action. Anyhow, you may serve a legal notice setting out the facts and seeking remedial action.

Raj   15 March 2020

Thanks all for your suggestions. The couple is not in position to spend more money as they feel cheated. Since also have lost faith and everytime they are giving misleading answers and lying (first they told 6 embroyos were formed and another time they told 3, so it is clear they are hiding something and we can not verify the facts), sending a formal notice may be the only answer. but since there is no clear contract we dont have a lot of hopes except that we have bills and some SMS communication that embroyos were formed. Only hope that even without any contract, they cannot destroy or sell the embroyos. Hoping that they admit and give some remedy. If any one has any suggestions or ideas please share. The couple is planning to first send them a notice and decide next steps based on their response.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register