Page URL:

Father's appeal denied over forged IVF consent

7 January 2019
Appeared in BioNews 981

A man whose ex-partner forged his signature on consent papers to become pregnant using their frozen embryos after they had separated has lost his appeal for damages. 

The man, named as ARB in court documents, had sued IVF Hammersmith for allowing his former partner to use their frozen embryos without his consent. The embryo transfer resulted in a daughter (referred to as E), born in 2011. The couple already had a son together, born during their relationship.

The man previously lost his case at the High Court where, although the judge agreed the signature was forged, and that the clinic was in breach of its strict contractual obligations not to proceed without valid consent, he could not recover damages as a matter of legal policy, following case precedent refusing damages for the costs of raising a healthy child.

Delivering that judgment, Mr Justice Jay said: 'Although he has lost this case, my judgment must be seen as a complete personal and moral vindication for ARB.'

The appeal was heard by Lady Justice Davies, Lady Justice King and Lord Justice Richards, who delivered their verdict on 17 December. Dismissing the appeal, the judges upheld the policy argument that 'it is morally unacceptable to regard a child as a financial liability.'

Lady Justice Davies 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.'

ARB has since told The Times that he is considering appealing to the Supreme Court.

Father loses damages claim over forged IVF signature
The Guardian |  17 January 2019
Father tells of guilt after suing over IVF girl he never wanted
The Times |  7 January 2019
4 November 2019 - by Eleri Williams 
The Progress Educational Trust (PET) event 'Trouble in Store? How Not to Break the Law when Storing Embryos and Gametes' took place at Hill Dickinson LLP in London on 29 October 2019...
16 September 2019 - by James Lawford Davies and Eleri Williams 
Happily fraud, dishonesty and forgery are seldom features of IVF treatment. But on rare occasions (and for widely differing reasons), some patients are not wholly transparent or honest in their engagement with clinics...
8 May 2018 - by Jen Willows 
A German man has been told that he must pay child support for his son, who was born after his ex-wife forged his signature to become pregnant using their frozen embryos...
9 October 2017 - by Antony Starza-Allen 
A man has lost his claim for damages against a London IVF clinic for failing to obtain his consent for the use of embryos created with his former partner...
24 July 2017 - by Georgia Everett 
A father is suing a London fertility clinic for £1 million after his ex-partner secretly conceived his baby via IVF following their split...
to add a Comment.

By posting a comment you agree to abide by the BioNews terms and conditions

Syndicate this story - click here to enquire about using this story.