In November 2018, we posted “Wrongful births”, statistics and the law, in which we looked at compensation claims in a number of cases in which the parents of a congenitally-diseased child had argued that their doctor had failed to warn them of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities and claimed damages for the cost of raising an unexpectedly disabled child.
A rather different issue has been the subject of a more recent judgment by the Court of Appeal: in ARB v IVF Hammersmith & Anor  EWCA Civ 2803 the IVF clinic had implanted an embryo into the appellant father’s former wife without his consent and he sued for breach of contract. ARB (the father) and R (at the time, his wife) had had fertility treatment at the clinic some years previously and had had a son – and, in the course of their IVF treatment, the clinic had frozen five embryos from their gametes. The couple subsequently split up – but R decided that she wanted another child. Continue reading