Hassard Bonnington LLP

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Hassard Bonnington LLP

Family Law

Child Support
Defense judgment entered on behalf of fertility clinic and reproductive endocrinologist arising from allegations of negligence, breach of fiduciary duty, conversion, and receipt of stolen property. Plaintiff, the widow of a clinic patient, alleged her deceased husband’s sperm was used to impregnant another woman without her consent. The deceased had presented to the clinic with his mistress, claiming to be a married couple seeking to have another child (they had an older son together). After several unsuccessful rounds of IVF, the couple agreed to try conception using donor eggs and the male partner’s sperm. Prior to the transfer of the embryo, the male partner died. The female partner did not notify the clinic of his death and proceeded with the transfer, which resulted in a successful pregnancy and the birth of twins. The female partner brought a child support claim against the male’s estate, seeking support for her older son and her twins. The clinic learned of both the male’s death and the existence of a widow when a subpoena was issued for clinic records. The plaintiff widow subsequently sued the clinic and the reproductive endocrinologist, alleging she was the rightful owner of her late husband’s sperm, and any use of his sperm without her consent was improper. Shortly before the close of evidence, plaintiff dismissed her negligence claim. Defendants’ non-suit motion was granted as to the breach of fiduciary duty claim. A jury verdict was returned in favor of defendants regarding the receipt of stolen property claim, and in favor of plaintiff on the conversion claim. However, shortly after the jury verdict, the court granted defendants’ motion for judgment notwithstanding verdict, finding the conversion claim was unsupported by the evidence.

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