IVF clinic to pay Rs 1L for damaged embryos

Kolkata: The West Bengal Clinical Establishment Regulatory Commission (WBCERC) has ordered an IVF clinic in Kolkata to pay a compensation of Rs 1 lakh to a woman for damage of two embryos frozen there. The embryos, which were frozen nearly five years ago, were found damaged ahead of an implant recently.

According to complainant Monalisa Das, she and her husband chose Care IVF in Kolkata for assisted reproductive technology. She froze four of her embryos. “IVF is an uncertain procedure with low success rate. The complainant said four embryos had been kept frozen for nearly five years. The embryo implant seemed to have been delayed owing to COVID,” said WBCERC chairman Justice (retd) Asim Kumar Banerjee.

Under IVF, embryos are developed in a lab by combining eggs, extracted from a woman’s ovary, with sperm. The embryos are frozen in a bank till they are implanted.

Health experts said frozen embryos could remain viable for years, but occasionally, some might not survive.

In Monlisa’s case, two of the four frozen embryos had been implanted in her but she could not conceive. When an implant was being planned again, the two remaining embryos were found damaged. Monalisa questioned how could the embryos be damaged despite her paying the monthly maintenance charge.

“The clinical establishment said it was rare, but it refused to take accountability. We didn’t accept its defence. We ordered a compensation of Rs 1 lakh,” Banerjee said. “We allowed it to pay in four equal instalments starting July.”