Father loses damages claim over forged IVF signature

A father has lost his appeal against a London IVF clinic after his ex-partner forged his signature to conceive a daughter using a frozen fertilized egg by his sperm on October 2010. 

 

The father, known only as ARB sued IVF Hammersmith claiming compensation for the cost of the upkeep of the child. 

 

The relationship between ARB and R, who already had a son by IVF, had broken down irretrievably in May 2010 and she had moved out of the home they had shared. Several embryos had previously been frozen with both parties' consent and they signed agreements on an annual basis for these to remain in storage.

 

The father argued he was entitled to compensation from the clinic because it had breached its contract with him by failing to obtain his "written or informed consent".

 

The father was successful in his argument that the clinic was in breach of contract because it failed to get his consent for the procedure. Despite this, senior judges upheld a previous ruling that he was not entitled to a pay out because of "public policy" that meant he could not be compensated for the cost of bringing up a healthy child.

 

Lady Justice Davies, sitting with Lady Justice King and Lord Justice Richards, said: "Whatever the circumstances of E's birth, her father has accepted his share of responsibility for her upbringing; he wishes to treat her in the same way as his other children."

 

In a statement after last year's high court ruling, ARB said his claim was never about money but "justice". He said: "It is imperative that nobody should have to experience what we have lived through ever again."

 

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