WHAT’S BEING CLAIMED:
- A couple filed a suit against a fertility clinic in Connecticut after discovering that their second child born through IVF has a genetic background different from their first child despite using the same egg donor.
- The couple has clearly stated in their records that they want their two children who were conceived via IVF to be full siblings.
- But DNA tests showed that they are not and that the husband is not their biological father.
Charges have been filed by a couple against a Trumbell, Connecticut fertility clinic due to claims that the clinic gave them the wrong embryo which led to their second child not being related to them biologically.
The lawsuit was filed in October 2018 against CT Fertility which has already closed, and its doctor, Melvin Thorton II.
Unable to conceive on their own, the couple decided to freeze embryos using the husband’s sperm and matched with a donor’s eggs following their initial visit to the clinic in January 2015, according to the suit obtained by PEOPLE.
On April 19, 2016, they welcomed their first child.
September of that year, the couple began an in vitro fertilization process for the second time after a “second egg retrieval cycle” was conducted by the fertility clinic from the same donor. In their records, the couple “clearly, unequivocally and repeatedly” requested to use the same donor they had for their first child to make sure that their children are full-siblings.
On August 22, 2018, the mother gave birth to her second child. Immediately, the parents felt uncertain about their newborn’s genetic background.
According to the Connecticut Post, the suit states: “Their second child appeared to have a much darker skin pigmentation [than] either the father, the genetic mother or their first child which was extremely unexpected and perplexing as the children were supposed to have the same genetic makeup.”
Unlike what the couple hoped for and expected when they performed DNA tests in a different lab, they discovered that the husband is “not the biological father” of their second child and that their two children are not full siblings.
Despite the circumstances, the second-born son is healthy and loved. However, court papers say the parents couldn’t help but live with “constant, nagging and debilitating fear” that one day the child’s sperm donor would seek custody of the child. Furthermore, aside from the financial loss and severe emotional stress they have suffered, they also believe that the clinic had lost their embryos without knowledge as to whether it has been transferred to another person.
The suit states that all reasonable fees, costs and expenses incurred in the IVF treatments should be reimbursed to the plaintiffs at an estimated amount of $200,000.
Meanwhile, due to pending litigation, there are no comments yet from the lawyer for the fertility clinic and Dr. Thorton while the couple’s attorney didn’t return PEOPLE’s request for comments yet.
The case is yet to go on trial by September 2021, according to online court records.