Gay Couple Sue Fertility Clinic for Sperm Mix-Up

BROOKLYN (CN) — A gay couple from Brooklyn has sued a Connecticut fertility clinic and doctor for mixing up their sperm.

John Doe and Richard Roe wanted to have two children, according to the March 13 federal complaint against the New England Fertility Institute and Dr. Gad Levy. The first child was to be created with Doe’s sperm and the second with Roe’s sperm. A friend agreed to donate the eggs. 

In September 2015 the gestational carrier was implanted with the embryo believed to have been fertilized with Doe’s sperm. Their daughter, Jane Doe, was born in June 2016.

“Doe’s family in particular was relieved that their lineage would be extended by the birth of their granddaughter, thought to be Doe’s biological daughter, and they notified all of their friends and family of the joyous news; in fact the baby was named after Doe’s mother in open tribute to Doe’s mother, who was then though to be the child’s biological grandmother,” the complaint states. 

In reliance on defendants’ representation that Doe was the donor for the first child, they began the process for the second child with the embryos thought to be fertilized by Roe. 

In September 2018 the embryos were implanted but a month later the pregnancy was determined not to be viable. 

“As Jane Doe grew and thrived, it became apparent that she did not physically resemble Doe,” the complaint states. “Around the time she approached the age of two and a half Jane Doe’s resemblance to Roe was very evident.” 

In November 2018 the plaintiffs’ underwent paternity testing that identified Roe as Jane Doe’s biological father.

“While the plaintiffs are overjoyed about having Jane Doe in their lives, this news was shocking and caused emotional distress to plaintiffs and their families,” the complaint states. 

The plaintiffs say they spent a lot of money to achieve a pregnancy with Roe as the biological father while decreasing the chances of achieving a healthy pregnancy with Doe as the biological father. 

They seek damages for emotional distress. They are represented by Alan Milstein of Moorestown, N.J.

Representatives for the fertility institute have not returned a phone call seeking comment.

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