“Smuggling” of live human embryos into India

A Malaysian man was arrested at Mumbai International Airport for “smuggling” a live human embryo into India. The man had a nitrogen canister containing a single live human embryo. Officials have determined that the embryo was destined for a top in-vitro fertilisation (IVF) clinic run by Dr. Goral Gandhi. The Directorate of Revenue Intelligence (DRI)
had previously raided Gandhi’s clinic on February 16 and seized alleged incriminating documents pertaining to smuggling of embryos.

Surrogacy is illegal in Malaysia which is likely why the embryo was on its way to India. India prohibits the import of human embryos except for research purposes. An Indian Bill passed in 2018 prohibits commercial surrogacy but permits altruistic surrogacy between relatives.

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India has become a hub for both legal and illegal surrogacy. Some IVF specialists believe there is a market for babies with “non-Indian looks” that may be contributing to the smuggling of embryos from other countries. Specialists also indicate that there is an overall lack of laws surrounding assisted reproductive technologies in India.


Experts say illegally importing embryos from foreign countries to use for surrogacy is not that widespread, while others think this is feeding the market for surrogacy or for IVF procedures in which the parents want a child with “non-Indian looks”. The DRI believes there are other IVF clinics which may be involved in the alleged racket and have widened their probe.

IVF experts do think that there’s a gap in regulations and the need for framing laws is urgent. The Indian Express quoted Dr Jaideep Malhotra, president of Indian Society for Assisted Reproduction, as saying that:

“A law is required to regulate import in certain cases. Several Indian couples freeze their egg or embryos abroad. Once they move to India, they wish to continue IVF and bring it back.”

Another specialist reiterated the need for guidelines and said “it is one’s own property and own tissues. They should have free choice to take it wherever they want for IVF.”

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