Couple sues Connecticut IVF clinic for 'using a STRANGER'S sperm in embryos' after their baby was born a different race
- The husband and wife say they now have a child not genetically related to them
- Lawsuit names now defunct CT Fertility P.C. in Trumbull and Dr. Melvin Thorton II
- Couple say their negligent actions have devastated their family
- They live in 'constant, nagging, debilitating fear', lawsuit states
- The British couple first used the clinic in January 2015 using the husband's sperm and embryos from a known donor and had their first child in April 2016
- In December 2017 they underwent a second round of IVF and had a second son
- 'Second child appeared to have a much darker skin pigmentation' lawsuit says
- A DNA test is said to have revealed the two brothers are not related
A couple are suing a Connecticut IVF clinic accusing them of using a stranger's embryo-sperm combination after their baby was born a different race.
The unnamed pair say CT Fertility P.C., which has since closed down, inseminated the wife with the wrong fertilized egg.
It means the husband and wife, who now live in London, say they have a child that is not genetically related to them.
A lawsuit filed in Superior Court names the Trumbull fertility clinic and Dr. Melvin Thorton II, saying their negligent actions have devastated their family.
They are said to be 'plagued with fear' their genetic material may be used for another family. They are also said to 'live in constant, nagging, debilitating fear that the person whose genetic material was used will realize'.
A lawsuit filed in Superior Court names CT Fertility P.C., which has since closed down, and Dr. Melvin Thorton II, pictured saying their negligent actions have devastated their family
The British couple first used the clinic in January 2015 using the husband's sperm and embryos from a known donor, The Connecticut Post reports.
After storing the egg at the clinic the couple had their first child via IVF in April 2016, the lawsuit states.
Then, in December 2017, they underwent a second round of IVF, again using embryo from the known donor and the husband's sperm, according to documents.
In August 2018 the couple, who have asked for their name to not be used to protect their child, had their second son.
A DNA test on both children was said to have shown the two brothers are not related.
And the suit states: 'Their second child appeared to have a much darker skin pigmentation then either the father, the genetic mother or their first child which was extremely unexpected and perplexing as the children were supposed to have the same genetic makeup.
'While the plaintiff's second son is loved in every aspect the plaintiffs live in constant, nagging, debilitating fear that the person whose genetic material was used will realize, as they did, that the defendants negligently mixed up their genetic material.'
The British couple first used the clinic in January 2015 using the husband's sperm and embryos from a known donor. Then, in December 2017, they underwent a second round of IVF, again using embryo from the known donor and the husband's sperm, according to documents
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It goes on: 'As a result of what has occurred, the plaintiffs are left with potential life-long haunting uncertainties regarding their second-born son and unknowns about what happened to their genetic material and where their genetic material ended up.
'Is it actually their genetic material that is now in storage? Whose genetic material was transferred to plaintiff? Will someone one day attempt to make a claim to custody of their child?'
They say they are 'barraged daily with questions and suspicions regarding who the child’s real father is and even whether plaintiff mother had an affair and other ignorant and cruel harassment, for which the plaintiffs did not bargain.'
Attorneys for CT Fertility and Dr Thornton are said to have tried to get the lawsuit thrown out on procedural grounds, The Daily Beast reports.
DailyMail.com has contacted the couple's lawyer, Stephanie Bernstein, Dr. Thornton and CT Fertility for comment.
