Imagine the joy of holding your newborn only to have that moment shattered by a paternity test revealing you’re not the biological father. A man from Vadodara has now knocked on the doors of the Gujarat High Court, seeking criminal action against the IVF clinic he trusted. After his baby was hospitalised shortly after birth, blood tests triggered doubts, and a DNA report confirmed his worst fears. The HC directed the Vadodara city police to investigate his complaint and report within four weeks.
According to media reports, the petitioner alleged that despite repeated attempts, the Vadodara city police failed to register his complaint, prompting him to move the High Court. According to his plea, he sought criminal action against the IVF centre on grounds of alleged “cheating and forgery” after DNA tests proved the child, born through IVF in April 2025, was not biologically his.
Advocate MB Gohil, representing the petitioner, told media outlets that the couple had consulted a well-known IVF franchise in Vadodara. He stated that the centre had initially assured them that a lawful and ethical procedure would be followed. After examining the husband’s sperm samples and advising some fertility treatment, a second test confirmed that he was fertile. The couple was then asked to deposit Rs 5.5 lakh for the IVF process.
Reports added that Gohil said the hospital first performed an Intrauterine Insemination (IUI) procedure on the wife. It led to a successful conception. In March 2024, the petitioner’s semen was cryopreserved. The wife underwent an egg retrieval procedure the following month. The clinic preserved five embryos. They proceeded with the first IVF cycle in June 2024. The pregnancy was officially confirmed in September 2024.
The matter came to light shortly after the child’s birth in April 2025, when she was hospitalised with severe health complications. Medical examinations stunned the couple: the baby’s blood group was B positive, while both parents were O positive.
This led to doubts. Gohil mentioned that a paternity test was conducted. DNA results confirmed that the petitioner was not the biological father. He alleged that the fertility centre had used sperm from another man to inseminate the wife’s eggs, a breach of trust.
The petitioner approached the police, expectedly enduring a frustrating time. All efforts to lodge a complaint were in vain. Gohil said that the man was directed from one police station to another and was made to wait repeatedly, with no complaint registered. Frustrated, he filed a petition in the High Court on June 10. After becoming aware of the petition, the Vadodara police issued the first summons on June 21 to record his statement, but no further progress has been made.
Gohil further pointed out that a representative of the IVF centre, who had initially described herself in a police statement as “only an employee,” later filed an affidavit in the High Court, attempting to join the proceedings on behalf of the centre.
However, Gohil contended that the petition was directed solely against the Vadodara city police for their inaction, not against the IVF centre itself. As such, he argued, the representative had no legal standing in the matter. The court accepted this submission and reaffirmed its directive to the police to submit a status report within four weeks. Gohil added that if the police fail to comply, the petitioner reserves the right to file a fresh petition.
In an oral order, Justice HD Suthar directed the Vadodara police to look into the matter and inform the court of the outcome within four weeks. The court clarified that it had not examined the merits of the case and granted the petitioner liberty to approach an appropriate forum in the event of an adverse police decision.
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