How to Complain About an IVF Clinic Under the ART Act
Have you ever left a fertility clinic feeling dismissed, confused, or even betrayed? Maybe you discovered that a procedure was done without your full consent. Maybe you received vague or conflicting answers about what happened to your embryos. Or maybe, like many others, you simply felt stonewalled when you tried to get a straight answer. If this sounds familiar, you are not alone. Many couples who trust clinics with their most sensitive hopes end up feeling powerless when something goes wrong. The truth is: you do have rights, and there is a way to hold clinics accountable—without having to just swallow your anger or write a one-star review that changes nothing.
Understanding Your Rights Under the ART Act
The Assisted Reproductive Technology (ART) Act was created to protect you—the patient. It places legal obligations on every registered fertility clinic in India, ensuring transparency and accountability. But most people don't know how to use this law to their advantage. If you have been mistreated, misinformed, or ignored, the ART Act gives you a clear path to make your voice heard and get answers.
The First Step: The Clinic’s Grievance Cell
It is shocking how few patients know this: every registered IVF clinic is legally required to maintain a grievance cell—a formal way to hear and resolve patient complaints. This is not a favor or an option. Section 21(f) of the ART Act makes it mandatory.
- Ask your clinic: “Who handles complaints here, and what is your grievance process?”
- They should have a clear, documented process. If they do not, that is the first red flag.
- Submit your complaint in writing. Keep a copy for your records. Written complaints trigger formal procedures—verbal grievances can be forgotten or denied.
Many couples are told to just accept what happened, but the law is on your side—insist on seeing the grievance process in action.
If the Clinic Ignores You: Escalate to the Appropriate Authority
If you are dismissed, fobbed off, or just get generic responses that solve nothing, you do not have to stop there. You have the right to take your complaint to the Appropriate Authority—the government-appointed regulatory body for your state or union territory. This authority exists specifically to oversee fertility clinics and enforce the ART Act.
This authority has real power:
- They can summon clinic staff and demand documents.
- They can inspect clinics and investigate any suspected violation.
- If they find a serious breach, they can suspend or cancel a clinic’s registration.
But it is important to understand: this process is not instant. The authority must send a formal notice to the clinic, give them a fair hearing, and only then can action like suspension or cancellation be taken. If your situation is urgent, be aware that the system is designed to be thorough, not fast.
Clinics are required to keep your records for at least 10 years. Never accept "we lost your file" as an answer for any recent treatment.
What to Do If You Disagree With the Outcome
If you feel the authority did not do justice to your complaint, you are not out of options. Section 19 of the ART Act gives you a 30-day window to appeal:
- If your complaint was handled by a state authority, you can appeal to the State Government.
- If it was a union territory authority, you can appeal to the Central Government.
Put your appeal in writing and keep a record of all correspondence. The process may feel slow, but it exists to ensure fairness to both patients and clinics.
What About Criminal Offences?
Some actions by a clinic or its staff are not just unethical—they are outright criminal under the ART Act. These include:
- Selling embryos or donor eggs/sperm
- Abandoning children born through ART
- Exploiting patients or donors
- Sex-selective procedures
But here is a crucial detail nobody tells you: you cannot directly file a criminal case against a clinic under the ART Act yourself. The law requires that only the National or State ART Boards, or their authorized officers, can bring such cases to court. This means your path always starts with a complaint to the regulatory authority or Board. Only if they act can criminal proceedings begin.
The legal process can feel slow, but every step you take in writing increases your power—and the pressure on the clinic to respond.
Making Your Complaint Effective
It is easy to feel lost in paperwork and rules, especially when you are already emotionally drained. Here are a few practical tips to strengthen your case:
- Always put everything in writing, even if you spoke with someone in person.
- Request and keep copies of all consent forms, discharge summaries, and treatment records.
- Be specific: focus on what the clinic did or failed to do, not just the outcome. For example, “I was not told about the risks of this procedure” or “My record says one thing but I was told another.”
- Remember: the law requires clinics to keep your records for at least ten years. Demand access to your documents if needed.
At Malpani Infertility Clinic, we believe patients deserve transparency, respect, and the chance to make informed decisions. We know how hard it is to trust again after feeling let down. If you are unsure about your situation, or just want to know what your next step should be, speak with Dr. Malpani. Sometimes, the best way forward is a calm conversation with someone who will tell you the truth and help you plan your next move.
This article explains the general framework of the law and is not a substitute for legal advice on your specific situation.
You can read the full text of the ART (Regulation) Act at https://www.indiacode.nic.in/bitstream/123456789/17031/1/aA2021-42.pdf
Frequently Asked Questions
Q: What is a grievance cell and does every IVF clinic have one?
A: A grievance cell is a special process or committee within every registered clinic, required by law, to address patient complaints. If your clinic does not have one or cannot explain how it works, that is a serious concern about their accountability.
Q: How do I file a complaint if my IVF clinic ignores me?
A: First, submit your complaint in writing to the clinic’s grievance cell. If they fail to respond or you are unsatisfied, escalate your complaint to the state or union territory’s Appropriate Authority, which oversees clinics under the ART Act.
Q: Can I sue a clinic directly if I think a crime has happened?
A: Not under the ART Act. The law only allows criminal cases to proceed if they are brought by the National or State ART Boards or their designated officers. You need to make your complaint to the regulatory authority first.
Q: What documents should I keep from my IVF treatment?
A: Keep all consent forms, discharge certificates, treatment summaries, and any communication with your clinic. The law says clinics must keep detailed records for at least ten years, so you are entitled to this information.
Q: Can I appeal if I am unhappy with the authority’s decision?
A: Yes. You have 30 days to appeal to the State Government (for state authorities) or the Central Government (for union territory authorities), in writing.