Medically assisted reproduction: a woman forges her ex-husband’s signature, the courts refuse compensation

Publié le : 21 January 2019

After her divorce in May 2010, a woman was implanted with a thawed embryo in October 2010 after forging her ex-husband’s signature. Despite the conditions under which this little girl, now seven years old, was conceived, the father chose to take care of her “in the same way as his other children” and to “accept his share of responsibility for her education”. However, he sued the fertility clinic, IVF Hammersmith, in London, claiming “compensation for the cost of the upkeep of the child” on the grounds that the clinic had not respected the original contract by failing to check the terms and conditions of the paternal agreement. The expert report highlighted traces of pencil marks under the ballpoint pen signature.

 

Justices on the high court admitted “complete personal and moral vindication” for the father, but did not accede to his claim for damages, “because of an official policy that prohibits any compensation for expenses related to the education of a healthy child”.

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