A British couple who used in vitro fertilization (IVF) to conceive two children have filed a lawsuit, alleging that the Connecticut-based fertility clinic they relied on used an incorrect egg-sperm combination with the second IVF procedure. Rather than being full siblings with a donor mother’s eggs and the intended father’s sperm, the couple’s second child only shares one-half of his DNA with his brother.

The apparent error was noticed almost immediately after the second child’s birth, as he appeared to be a different race than his brother. DNA testing revealed that the boys have different fathers.

In a 24-count lawsuit filed against a fertility clinic in Turnbull, CT, the parents allege that the clinic and doctor acted negligently. The couple is also asking for damages for emotional distress, breach of contract, reckless misconduct, and more.

The clinic in question, CT Fertility, is now closed. This may impact the British couple’s ability to recover in this case, if they prevail. In addition to their concerns about the clinic’s alleged errors which resulted in the couple’s second son not being the father’s biological child, the parents have also raised questions about what actually happened to the embryos that did have the correct egg and sperm combination. It’s possible that the clinic erroneously implanted those embryos into one or more other women.

It is too early to say with certainty what the outcome of this case will be. The new parents have two healthy children, but the boys do not have the genetic connection the couple intended when they embarked on their IVF journey.

If you are considering starting or adding to your family through IVF, working with a skilled surrogacy attorney can protect your rights and interests, as well as your future children’s rights and interests. To learn more, contact our office today.