Via David, J4MB: This, extracts: A wealthy businessman has failed in his attempt to recover damages from a private IVF clinic, despite a court ruling that his former partner forged his signature to conceive their daughter by the procedure.
In a potentially far-reaching judgment at the high court in London on Friday, Mr Justice Jay ruled that IVF Hammersmith had failed in its obligation to ensure consent from both parties, but crucially found the clinic was not negligent and did not have to meet the costs of caring for the man’s daughter. But the man had been morally vindicated, said the judge.Source
Jay said the claim had failed due to public policy, which currently stipulates that parents could not be compensated for the birth of a healthy child…
He [the father] argued that IVF Hammersmith had failed to establish whether he had truly given his consent for his ex to use another embryo to become pregnant. The mother, who is in her 40s, denied forging the signature and says her former partner did give his approval.
But a six-day trial in July was told the father’s signature on the “consent to thaw” form had been forged after someone “traced” his real signature. Dr Audrey Giles, a handwriting expert, told the court she was “99% sure” the document had been falsified…
Passing judgment at the high court in London, Jay wrote: “Although he has lost this case, my judgment must be seen as a complete personal and moral vindication for [the father]. The same, of course, cannot be said for [the mother].”
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