A father has lost his High Court action against a London IVF clinic over the conception of his daughter by his ex-partner after their split.
The man, who can only be identified as ARB, had sued IVF Hammersmith Ltd.
He said that his ex, R, had tricked doctors into impregnating her with a frozen egg fertilised by his sperm in October 2010, and claimed damages for the cost of the upkeep of the child, born the following summer.
ARB argued the clinic should pay for the child’s private school fees, holidays, the refurbishment of her bedroom and her eventual wedding.
The couple already had a son together through IVF at the same clinic in 2008, where a further embryo had been stored. The mother is said to have forged ARB’s signature on a ‘consent to thaw’ form, leading to the implantation and subsequent pregnancy.
In legal documents released on Friday, ARB said his daughter is “an unwanted child and that the clinic must now bear the financial consequences.”
In London on Friday, Mr Justice Jay said ARB had succeeded on all issues “save the issue of legal policy”.
“It follows that there must be judgment for the clinic on the claim,” he said.
The judge added: “Although he has lost this case, my judgment must be seen as a complete personal and moral vindication for ARB.
“The same, of course, cannot be said for R.”
He granted ARB permission to appeal.