After the couple had a son together through IVF at the clinic in 2008, a number of embryos were frozen and they signed agreements annually for these to remain in storage.
In October 2010, the mother handed IVF Hammersmith a ‘consent to thaw’ form, forged with ARB’s signature. On the basis of this document, an embryo was thawed and successfully implanted.
The father said his ex-partner’s dishonesty resulted in the birth of his daughter, an “unwanted child”.
“It’s a very, very difficult situation for me. A beautiful child, a child that everyone would want, a child that I love. But also a child that has brought us so much pain.”
He argued that the clinic should pay for the cost of her upbringing, including private school fees, holidays, refurbishing her bedroom and her wedding.
Isn’t it a basic of English law that having a healthy child simply cannot be a tort which leads to damages?
I dimly recall some case where a women went in for an abortion, they took out only one of two embryos, the second one was born and she could get no damages?