A US couple has filed a lawsuit against a fertility clinic for transferring a female embryo into their gestational carrier, resulting in the birth of a daughter after requesting a son.
Albert and Anthony Saniger from Los Angeles chose to have fertility treatment at HRC Fertility in Pasadena, California, where gender selection is legal. They provided their own sperm for the clinic to create embryos with donor eggs via in vitro fertilisation (IVF). The couple had expressed their wish for two sons, and elected for only male embryos to be transferred to their gestational carrier. After two unsuccessful transfers, their gestational carrier became pregnant in December 2020, resulting in the birth of their daughter. The couple has since claimed unspecified damages at the Los Angeles Superior Court against HRC Fertility and fertility specialist Dr Bradford Kolb.
Alleging breach of contract, medical malpractice, negligence and fraudulent concealment and violation of the Unfair Competition Law and the Consumer Legal Remedies Act, the lawsuit filed against HRC Fertility and Dr Kolb stated: 'negligently, recklessly, and/or intentionally transferred a female embryo to the Sanigers' gestational carrier… To this day, HRC has offered no explanation for how this error occurred.'
In the USA, a gestational carrier refers to a woman carrying a baby that is not genetically related to her, whereas a surrogate is someone having a baby for somebody else using her own eggs. IVF is an expensive process for male same-sex couples who need to arrange for their embryos to be carried by a gestational carrier. The lawsuit stated that the total cost to the Sanigers was $300,000, and the couple is seeking unspecified damages, citing the $300,000 cost of the fertility treatment resulting in the birth of their daughter, plus the cost of raising three children instead of two, as they still plan to have two sons.
HRC Fertility released a statement: 'The couple ideally desired a baby boy but were blessed with a healthy girl. To their dissatisfaction, we have sought to address their concerns. Every child has value and limitless potential regardless of gender… We hope the Sanigers find love and value in their healthy child while so many across the country are struggling with reproductive issues.'
The lawsuit is currently ongoing.
Sources and References
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Gay couple who wanted a son sue IVF clinic after surrogate gives birth to daughter
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Same-sex couple sues fertility clinic over alleged wrong sex embryo implant
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Fertility clinic responds after gay couple alleges wrong sex embryo was implanted
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Gay couple sues fertility clinic over alleged wrong sex embryo implant
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Couple sues Pasadena fertility clinic over alleged wrong sex embryo implant
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