A father has been refused damages in a case he brought against a fertility clinic, where doctors impregnated his ex with embryos they created together, without his permission.
According to the Mirror, the unnamed man was left shocked when his ex-partner told him she was expecting his child, five months after they had split.
The pair had created embryos together with the help of a London clinic while still a couple. They eventually broke up after a ‘volatile’ relationship.
It later emerged that the woman had gone to the clinic, to have the embryos implanted. She is said to have forged the father’s signature in order to do so, and the forms were accepted without question by the clinic.
The mother then fell pregnant, informing her former partner in a message which read, ‘And by the way, I’m pregnant.’
The former couple’s daughter was born in the summer of 2011. While the father – who has since married – insists that he loves the child, he believes that the clinic acted negligently by accepting a release form with his forged signature.
He went on to bring a legal case against the London-based clinic, at the High Court, claiming £1 million in damages to cover the cost of raising his daughter.
In this week’s ruling, Justice Jay found that the father succeeded in his case on all issues except that of ‘legal policy’. The clinic was found not negligent, and damages were denied.
The father has been given permission to appeal the ruling.
Commenting on the ruling, Justice Jay explained: “Although he has lost this case, my judgment must be seen as a complete personal and moral vindication.”
He added that ‘the same cannot be said’ for the mother in the case.
