By Rebecca Livesey

In ARB v IVF Hammersmith & Another [2018] Civ 2803, the Court of Appeal considered ARB’s claim for pecuniary losses arising from the birth of his child.

By way of background, ARB and his then partner (R) had IVF treatment at the Defendant clinic, leading to embryos being frozen. An embryo was used to give the parents their son. There was thereafter a breakdown of their relationship and R moved out of the family home. The Court found that unknown to ARB, R went on to dishonestly forge his signature on a form indicating his consent to thawing some of the embryos. The clinic was not aware of the forgery and implanted an embryo leading to the eventual birth of ARB and R’s daughter.