DMS issues notice to hospital in Nayanthara-Vignesh Sivan surrogacy case

DMS issues notice to hospital in Nayanthara-Vignesh Sivan surrogacy case

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A high-level committee was formed on October 13 after the couple announced the birth of twins on social media

A high-level committee was formed on October 13 after the couple announced the birth of twins on social media

After conducting an inquiry into the surrogacy row involving Nayanthara-Vignesh Shivan, the Directorate of Medical and Rural Health Services (DMS) has issued a notice to the Assisted Reproductive Technology (ART) centre of a private hospital in Chennai for failing to maintain proper details of the treatment provided to the couple and records on the health condition of the surrogate mother.

In a statement on Wednesday, the DMS, without naming the couple and the hospital, said a high-level inquiry committee was formed on October 13 after the couple announced the birth of twins on social media four months after their wedding. The panel found that the couple had registered their marriage in 2016, became parents through ART and surrogacy at a private hospital in Chennai.

It found that age of the intending couple and surrogate mother were as prescribed in the National guidelines issued by the Indian Council of Medical Research for ART clinics and surrogacy.

The eligibility of the surrogate mother was determined — she was married and had a child.

The committee, however, said the hospital did not maintain proper medical records of the patient relating to oocyte treatment.

The committee pointed out that it was unable to conduct an inquiry with the family physician — based on whose recommendation that the couple were treated at the private ART centre — as the doctor was abroad.

The committee, however, said the hospital did not maintain proper medical records of the patient relating to oocyte treatment. In August 2020, the oocytes were retrieved and sperm collected, and the frozen embryos were preserved in the hospital. The surrogacy agreement was entered into in November 2021. The embryos were implanted in the surrogate’s uterus in March 2022, and the babies were delivered through caesarean section and handed over to the couple on October 9, 2022.

As per the latest ART Act, the surrogate mother should be related to the couple. However, the previous ICMR guidelines allowed an unrelated person to be a surrogate mother and also permitted payments to the surrogate mother to cover pregnancy-related expenses. The inquiry revealed that the surrogate mother underwent antenatal care at the private hospital.

The committee pinpointed to the deficiencies at the hospital. As per ICMR guidelines, the hospital should maintain the treatment provided for the couple and medical records on the health condition of the surrogate mother. However, such records were not maintained properly. Following this, the DMS has issued a notice to the ART centre seeking explanation on why it should not be temporarily shut for breaching norms.

Clinic under lens

In another case, the DMS has issued a notice to a private fertility centre in Aminjikarai seeking explanation for a number of violations relating to surrogacy.

Based on reports of violations, a committee of the DMS conducted an inquiry at the private fertility centre. It found that the surrogacy agreements were signed six months ago when the ICMR guidelines were in force. The hospital was depositing money in the bank accounts of the surrogate mothers to meet their expenses, and as per rules, hospital administrations should not be directly involved in financial transactions.

The team found that the consent forms for the surrogate mothers were not in their respective mother tongue and the hospital had not provided any insurance cover for them. The directorate has sought an explanation from the hospital.



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