Welcome the wrongful parenthood

This case involved an issue regarding IVF Clinic’s scope & responsibility toward consent of the donor before utilising the gametes.

In this case the female partner surreptitiously collected semen sample from the condom used during sexual intercourse and took the sample to the IVF clinic without male partner’s knowledge, with an intention of using the sperms to conceive a child.

The IVF Clinic followed the procedure and inseminated the female partner with sperms and eventually she gave birth to the twin boys.

The Male partner who became father unwittingly, sued the clinic for failing to investigate and obtain his consent and prayed for compensation against the monetary burden of the children.

The Hon’ble Court refused his plea, stating that there was no physical harm or apparent injury caused to the male partner, also the medical procedure performed on female partner was successful resulting into birth of the Healthy Children.

The Hon’ble Court refused the negligence claim against the fertility clinic and highlighted that intangible benefits of parenthood far outweighed the monetary burdens involved.