to ask opinions on this IVF court case?

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I've had a quick look but can't see another thread, apologies if there is one.

I've just read this story on the BBC about a man losing his court case for damages against an IVF clinic where his ex wife forged his signature to undergo a second round of IVF after they'd split, resulting in a daughter.

I feel so desperately sorry for that child and the man involved. I can't quite wrap my head around what his ex wife did. I can understand the court not forcing the clinic to pay damages such as school fees, future wedding etc. I can understand the father not wanting to pay for the upkeep of the child and I'm not sure it's fair to make him. But then how unfair would it be to pay maintenance and school fees for one child but not the full sibling (I mention school fees as it's mentioned in the article so I'm presuming the older sibling goes to private school and the ex wife was in a position to be able to afford priveate IVF as the NHS is not mentioned)

BBC link www.bbc.com/news/health-41525215

Genuinely can't believe people think he has a duty to spend the next 18-23 years paying to support a child he never wanted.

Unprotected sex is different. He would have been a willing participant who knew the risk of protection free intercourse. This is conception by blatant fraud, she has illegally forced him into making a child with a woman he neither loves or wants, and a child he didn't wish to be here. The relationship was over. Of course he should he absolved of responsibility!

*be

"I think he should be allowed to terminate his parental rights in these circumstances".

Completely agree with this

How strange...Sofia Vergara WON her case to have her own fertilised eggs destroyed when she broke up with her ex partner.
He wanted the babies to be able to gestate via surrogacy, and she didn't. She won.
Aren't products of conception meant to be 50/50 from each parent?

I think the father is getting a really hard time here. He loves her and is involved with her.

But he was trying to claim back financial compensation for damages. I totally get that. It’s the injustice he was complaining about and the fact that he felt the clinic was almost negligent/didn’t have stringent enough checks and procedures, which by reading the article I too suspect the clinic did not and I bet they have since tightened them.

Plus, the mum fraudulently forged his signature. She is clearly in the wrong.

Doesn’t mean he doesn’t love her/want her/supports her financially etc.

Genuinely can't believe people think he has a duty to spend the next 18-23 years paying to support a child he never wanted

I genuinely can't believe you don't. Lots of people have kids they never wanted, they don't get out of being their parents.

This is an instance where technology has overtaken biology. She was wrong and forced him into parenting a child he didn't want to. But he previously provided the means and opportunity, and either way, what ultimately matters is the child.
When there is a child, the rights of the situation come a long way after the needs and rights of the child. And that is to have both parents support.

What a terrible thing for the mother to have done. The clinic messed up but it was because of the mother.

How strange...Sofia Vergara WON her case to have her own fertilised eggs destroyed when she broke up with her ex partner. He wanted the babies to be able to gestate via surrogacy, and she didn't. She won

What is strange about that? Of course she won.

Clearly the woman was wrong to forge his signature, but I don’t see why he blames the clinic. According to the court case they both attended the clinic to start the process of trying for a second child. At that point they were given a consent form which she later returned. How were the clinic to know they had split up? All he needed to do would be to make one phone call to the clinic to say they were separated.
He could then withdraw consent to the use of the embryos. It looks like it was a year after the child was born that he finally signed the forms.

Clinics should not accept paper signatures handed in as consent. Anyone can fake a signature.

If a man purposefully removes a condom during sex, that is classed as rape.
If contraception is tampered with, that is also rape. As far as I see it, she has raped his reproductive rights over his own genetic material and should be in jail. Like the law insists when it's a woman's reproductive rights violated.

If a man purposefully removes a condom during sex, that is classed as rape

No it isn't. Not at all.

Children's wellbeing is paramount.

Going in to care is not the best option. Can people calm down.

Were I sitting, king Solomon style, in judgement of this case I would say:

Clinic did nothing wrong, they were victims of a fraud.

Father is still responsible for his child, so treated like any other parent (maintenance if not resident parent, or equal parenting agreement etc).

Mother should have to pay damages to father for forging his signature to the tune of half the costs of raising a child. (Ie a maintenance amount, not paying for fancy optional extras like private school).

What is strange about that? Of course she won.

And had she been the willing parent, and he the unwilling one, she would also have won.
That's my point. He wasn't trying to force her into a pregnancy, he wanted to have the embryos fertilised with his sperm, via surrogate. He waived all financial responsibility to any successful implantation via anonymous surrogate. Promised that she had no obligation whatsoever. But she said no, so won her case. Even though her contribution to the embryo was entirely equal to his.
Why is that different from this?

Obviously the woman was very much in the wrong but I'm not so sure about the clinic. He originally signed a consent form for the embryos to be made and presumably made no attempt to let the clinical know that consent was withdrawn. It sounds as if clinics should tighten up their procedures but I'm not sure that they are responsible for his entire share of the financial costs of bringing up his child though.

What do you mean why is it different? Because one is the aftermath of what happened, and one was a theoretical what could have happened. Are you confused as to the difference between real and not real?

I lost most of my sympathy towards him during the interview I heard on the World at One. Doesn't he realise that one day his daughter might get to hear it?

www.theguardian.com/commentisfree/2017/may/22/stealthing-sex-trend-sexual-assault-crime

Existential it is a practice which is landing men in court. My mistake though, it is sexual assault, not rape.

How was the clinic found to be not negligent?

If he didn't sign the consent form how could the clinic not have been negligent?

What a mess. There's no moral way out of this for anyone.

Send woman to jail and their son loses his stable life. And the DD has no mother OR father.

If you send the DS to live with his dad, and put the DD in care? Awful for the DD, and the DS loses his sister.

Send both to their dad and the dad is forces to raise the DD he didn't consent to creating.

Dont jail the mother, and she effectively gets away with it.

So how do you ethically punish something like this?

Goldfish I agree with your ruling.

How was the clinic found to be not negligent?If he didn't sign the consent form how could the clinic not have been negligent?

Because they had no way of knowing he did not sign the form. They adhered to all industry regulations and recommendations (as they were at the time) and were not at fault.

If this was turned on its head, and this desperate Father turned up and had a surrogate fraudulently sign in the name of his Ex to be implanted with their fertilised egg, would this conversation even be happening of whether she owes maintenance for a life she never wanted after the break up, or would he be sat in prison now?