Mother in sperm mix-up case wants hospital to pay child’s upkeep
inSing.com - 3 August 2012 2:49 PM | Updated 5:58 PM
She went for a fertility procedure to conceive and later found out that it was not her husband’s sperm that was used.
Now, she is seeking compensation from Thomson Medical Centre, saying she wants the institution to provide finances to raise her daughter until the girl reaches 21 years old.
The Chinese woman and her Caucasian husband underwent in-vitro fertilisation (IVF) in January 2010, Lianhe Wanbao reported. The baby girl was born in October that year.
However, after delivery, the woman noticed that the baby girl’s skin colour was different. It was later found out that there was a sperm mix-up. The baby is blood-related only to the mother and not the father. The baby has blood type B, while the father is of type O and the mother, type A.
The baby would turn two years old this October. As the case involves a minor, there is a gag order on revealing her name and anyone related to her.
The parents apparently considered giving the child away, but the mother decided to keep the girl later.
The woman, who is represented by lawyer S Palaniappan, is suing Thomson Medical Centre, Thomson Fertility Centre, and two embryologists for special damages.
She alleged that the medical centre had been negligent and is asking the court to assess the amount of damages payable to her for personal losses, trauma and long-term costs for the child. She is also seeking up to S$700,000 in compensation for special damages.
The fertility centre, which is represented by Senior Counsel Lok Vi Ming, accepted responsibility for the clinical errors in the IVF process, but argued that paying for the upkeep of the child is against public policy and not recognised in law as damage claim.
A spokesperson from the fertility centre said that the admission of liability is not to be construed as admitting the woman’s claim for the upkeep of the baby until the child is financially self-reliant.
Last year, Thomson Medical Centre was fined the maximum amount of $20,000 for not complying with the IVF guidelines and breaching Paragraph 1 of Article 5 of the Private Hospitals and Medical Clinics Act.
A pre-trial conference for the woman’s case is scheduled for next week.
inSing.com - 3 August 2012 2:49 PM | Updated 5:58 PM
She went for a fertility procedure to conceive and later found out that it was not her husband’s sperm that was used.
Now, she is seeking compensation from Thomson Medical Centre, saying she wants the institution to provide finances to raise her daughter until the girl reaches 21 years old.
The Chinese woman and her Caucasian husband underwent in-vitro fertilisation (IVF) in January 2010, Lianhe Wanbao reported. The baby girl was born in October that year.
However, after delivery, the woman noticed that the baby girl’s skin colour was different. It was later found out that there was a sperm mix-up. The baby is blood-related only to the mother and not the father. The baby has blood type B, while the father is of type O and the mother, type A.
The baby would turn two years old this October. As the case involves a minor, there is a gag order on revealing her name and anyone related to her.
The parents apparently considered giving the child away, but the mother decided to keep the girl later.
The woman, who is represented by lawyer S Palaniappan, is suing Thomson Medical Centre, Thomson Fertility Centre, and two embryologists for special damages.
She alleged that the medical centre had been negligent and is asking the court to assess the amount of damages payable to her for personal losses, trauma and long-term costs for the child. She is also seeking up to S$700,000 in compensation for special damages.
The fertility centre, which is represented by Senior Counsel Lok Vi Ming, accepted responsibility for the clinical errors in the IVF process, but argued that paying for the upkeep of the child is against public policy and not recognised in law as damage claim.
A spokesperson from the fertility centre said that the admission of liability is not to be construed as admitting the woman’s claim for the upkeep of the baby until the child is financially self-reliant.
Last year, Thomson Medical Centre was fined the maximum amount of $20,000 for not complying with the IVF guidelines and breaching Paragraph 1 of Article 5 of the Private Hospitals and Medical Clinics Act.
A pre-trial conference for the woman’s case is scheduled for next week.
