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A Malaysian man was arrested in Mumbai for attempting to smuggle a frozen human embryo into India, allegedly for an infertility clinic involved in illegal surrogacy. The Directorate of Revenue Intelligence suspects that the embryos were intended for Indian surrogates due to the lower costs of the procedure in India. The case highlights the lack of regulation surrounding assisted reproduction in India, where the import of embryos is banned except for research purposes.

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A Malaysian man was arrested in Mumbai for attempting to smuggle a frozen human embryo into India, allegedly for an infertility clinic involved in illegal surrogacy. The Directorate of Revenue Intelligence suspects that the embryos were intended for Indian surrogates due to the lower costs of the procedure in India. The case highlights the lack of regulation surrounding assisted reproduction in India, where the import of embryos is banned except for research purposes.

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This story is from March 19, 2019

Flyer From Malaysia Held For Trying To Smuggle In Embryo

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TNN | Mar 19, 2019, 09:08 IST

Flyer from Malaysia held for trying to smuggle in embryo

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MUMBAI: A man from Malaysia carrying a human embryo in a specialised nitrogen-packed canister was
arrested on Friday, blowing the lid off a racket involving smuggling of frozen embryos into the country by
an infertility clinic. He is said to have made 10 such trips to the clinic in the last 18 months.

Directorate of Revenue Intelligence officials, who made the arrest, said the embryo was to be delivered
to the Indo Nippon IVF clinic on Turner Road, Bandra (West). They suspect the embryos were meant to
be transplanted into the womb of Indian surrogates, as the process could be much cheaper in India.
Rules on assisted reproduction are nebulous, but import of embryo is banned except for research.

The arrested man, Partiban Durai, worked for a commission and, officials said, he has admitted to
making 10 such trips to the Bandra clinic in the last 18 months. He would arrive in the morning with the
package and leave by an evening flight.

Goral Gandhi, co-founder and scientific director of Indo Nippon, moved the Bombay high court on
Monday after receiving summons from the DRI. Lawyer Sujay Kantawala, appearing for her, told the
court that she is a “renowned embryologist. She has her own IVF clinic”. He denied allegations that the
frozen embryos were for her clinic. DRI counsel Rebecca Gonsalves countered that they found text
messages on Durai’s mobile phone indicating the clinic as the place of delivery. The HC bench of Justices
Ranjit More and Bharati Dangre posted the matter to April 3 and In an interim relief, restrained the
agencies from arresting her. Gandhi has been directed to be present at the DRI office at 10am on Friday.
India has been a favoured destination for foreigners seeking infertility treatment because of cheap
treatment as well as inadequate regulation. The decade-old guidelines for the Assisted Reproductive
Technology haven’t yet been made into a law. Piecemeal legislation exists, such as the ban on import of
embryo except for research purposes.

DRI is in the process of finding out whether the clinic had already identified a surrogate for the new
embryo or planned to sell it to some other clinics or doctors.

Durai claimed he was employed with Heart to Art, a surrogacy agency based in Malaysia, run by a person
of Indian origin and his British wife. “This company acts as an agent for illegally sending embryos to
India,” an official said. Officials said they have found correspondence between the clinic and various
agencies in Malaysia with specific requests for the kind of egg donor they want.

On Friday, when Durai was intercepted at the airport, he could not produce any documents with
permission. Officials asked him to cooperate and give his recruiters the idea that all was fine. Officials
accompanied Durai to a five-star hotel in Andheri where he was asked to check in. “Durai sent images of
the hotel to his handlers as proof that everything was happening as planned. Durai was asked to deliver
the embryo to Indo Nippon clinic. Gandhi received him and collected the canister,” said an official.

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NewsExplainedCase of the ‘imported’ embryo: the how, the why, and what the law says

Premium

Case of the ‘imported’ embryo: the how, the why, and what the law says

Written by Tabassum Barnagarwala

Mumbai | Updated: March 29, 2019 07:24 ISTNewsguard

Follow Us

Fake embryos, embryo smuggling, ivf childbirth, mumbai ivf clinic, ivf clinic scam, surrogacy, india
surrogacy laws, illegal surrogacy, latest news, indian expressEmbryo smmugling, ivf childbirth, mumbai
ivf clinic, ivf clinic scam, surrogacy, india surrogacy laws, illegal surrogacy, latest news, indian express,
Mumbai news

In medical terms, the unborn offspring is an embryo from the day of fertilisation until the eighth week of
pregnancy; after that, it is a foetus. (Source: Getty Images)

Earlier this month, the Directorate of Revenue Intelligence (DRI) arrested a Malaysian national who was
allegedly attempting to import a nitrogen canister containing a frozen human embryo. The arrest, first of
its kind in India, led to a search at an fertility clinic in Mumbai.

ADVERTISEMENT

Earlier this month, the Directorate of Revenue Intelligence (DRI) arrested a Malaysian national who was
allegedly attempting to import a nitrogen canister containing a frozen human embryo. The arrest, first of
its kind in India, led to a search at an fertility clinic in Mumbai.

Why store embryos

In medical terms, the unborn offspring is an embryo from the day of fertilisation until the eighth week of
pregnancy; after that, it is a foetus. Following in vitro fertilisation (outside the body), some couples
choose to freeze embryos that are left over. This would allow patients to conceive at a later time.
Embryos are frozen from the second day of fertilisation, using techniques to halt physiological or
biological development. The embryo is stored in liquid nitrogen or nitrogen vapour at a temperature
below -190°C. In 2017, a 24-year-old frozen embryo made headlines after it was used to give birth in the
US.

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Until five years ago, facilities for embryo freezing were limited in India. Several couples stored embryos
abroad and imported them when they wanted to conceive. Today, India has many embryo freezing banks
at par with those in the West, said Dr Narendra Malhotra, former president of Indian Society for Assisted
Reproduction (ISAR).

Read | Human embryo smuggling: Mock delivery leads DRI to Mumbai clinic

Why import them

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One possible reason for importing embryos could be to meet demands from Indian couples for a baby
with “non-Indian looks”. Dr Malhotra said he often gets requests for European gametes from couples.

ADVERTISEMENT

Festive offer

In the latest case, experts suspect it is also possible that a Malaysian couple had commissioned illegal
surrogacy in India. Malaysia does not allow surrogacy. In India, the Surrogacy (Regulation) Bill, 2016,
passed by Lok Sabha in 2018, bans commercial surrogacy but permits altruistic surrogacy. India offers
cheaper IVF procedures, at costs one-half to one-third of those in the US.

ADVERTISEMENT

In 2017, a Thai national was arrested for smuggling six tubes of semen stored in liquid nitrogen to Laos
for surrogacy. Embryos or gametes were getting routed to surrogacy clinics, ART clinics and IVF clinics.

ADVERTISEMENT

Fake embryos, embryo smuggling, ivf childbirth, mumbai ivf clinic, ivf clinic scam, surrogacy, india
surrogacy laws, illegal surrogacy, latest news, indian expressEmbryo smmugling, ivf childbirth, mumbai
ivf clinic, ivf clinic scam, surrogacy, india surrogacy laws, illegal surrogacy, latest news, indian express,
Mumbai newsDr Goral Gandhi has denied all allegations, moved HC
The latest case

DRI officials alleged that the arrested Malaysian national, Partheban Durai, had smuggled embryos at
least eight times to Mumbai, after declaring these as stem cells. This time, he carried the nitrogen
canister- as large as a mini gas cylinder- in his hand luggage and did not put it for X-ray screening, officials
said. It was allegedly meant for delivery at Indo-Nippon IVF Fertility Centre.

The DRI said Its team conducted a mock delivery through Durai, and that the director of the clinic
received the canister. The director, Dr Goral Gandhi, refused to comment. Her lawyer Sujay Kantawala
said, “These are false allegations, no delivery was staged.” While Gandhi has moved a petition
challenging the DRI action, Durai is out on bail and in custody of Malaysian consulate.

Indian laws

ADVERTISEMENT

In October 2015, the Director General of Foreign Trade moved the import of human embryos from the
‘restricted’ to the ‘prohibited’ category, except for research purposes. The next month, the Ministry of
Home Affairs banned commercial surrogacy for foreign nationals in India. Since then, the Indian Council
of Medical Research (ICMR) has stopped giving no-objection-certificates for import of embryos or
gametes. Export is allowed on a case basis for couples who froze their embryos or gametes in India
before the surrogacy ban was enforced, and wish to continue IVF in another country.

Read | Human embryos smuggling: DRI expands probe to more clinics, to carry out forensic test after
recording statement

IVF experts have urged for regulation rather than prohibition. “There are lots of Indian couples who froze
their eggs or embryos abroad while living there. Now that they have migrated to India, they wish to
continue IVF here,” said Dr Jaideep Malhotra, current ISAR president. Alternatively, those with terminal
illness may travel abroad for treatment and preserve their healthy gametes before initiating radiation or
chemotherapy. Once treatment is over, they may wish to bring It back to India. “These are genuine
problems that Indians face and the government must allow import in such cases,” said IVF expert Dr
Duru Shah.

In a draft regulation submitted to Director General of Foreign Trade and Ministry of Health and Family
Welfare, the ICMR has suggested ways to regulate import of embryos and gametes – matching of DNA of
embryo with that of importing couple, justifiable reasons for import, a mandatory check on exporting
and importing clinic. “This is to ensure foreign couples do not send their embryo for surrogacy,” said Dr R
S Sharma, senior director at ICMR, who was involved in drafting the guidelines.

First published on: 29-03-2019 at 01:09 IST

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Embryologist accused of importing human embryos gets HC relief

Embryologist accused of importing human embryos gets HC relief

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PTI

Updated Mar 18, 2019, 6:03 PM IST


Mumbai, Mar 18 (PTI) The Bombay High Court Monday ordered the Directorate of Revenue Intelligence
to not take any coercive steps against a 51-year-old embryologist accused of importing human embryos
from Malaysia. A division bench of Justices Ranjit More and Bharati Dangre also directed embryologist Dr
Goral Gandhi to appear before the Directorate of Revenue Intelligence (DRI) to record her statement.
According to her plea, Gandhi runs an IVF clinic in suburban Bandra. “The petitioner does not import
embryos as part of her business,” Gandhi’s lawyer Sujoy Kantawalla said. According to the plea, on the
night of March 16, certain people claiming to be DRI officials conducted a search at her clinic and seized
certain documents. The officials handed over summons to the petitioner directing her to appear before
the investigating officer concerned of the DRI for further probe. DRI’s lawyer Rebecca Gonsalves told the
court that on March 16, a person was intercepted at the city’s international airport. “During search of his
luggage, a canister was seized and DRI officials found a human embryo inside it,” Gonsalves said.
Gonsalves added that upon questioning, the man told the officials that the canister was to be delivered
to the petitioner’s clinic. “Human embryos cannot be imported unless the person has obtained a permit
to do so from the Indian Council of Medical Research,” Gonsalves argued. The bench directed the DRI to
file its affidavit in response to the petition and posted the matter for hearing on April 3. The court said
the petitioner should appear before the officer concerned on March 22 to record her statement. “No
coercive action shall be taken till further hearing,” it said. PTI SP BNM SNESNE

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