Comment on ACB v. Thompson Medical

In a recent conversation with John Conley about his April 25 post on the ACB v. Thompson Medical ruling by the Court of Appeal of Singapore, I made a couple of points, and he asked me to write them up to briefly comment on the topic for the Genomics Law Report.

First, the real damage caused by loss of genetic affinity is that the couple’s baby will never share any of the inherited (genetic) traits of the husband. For the mother who brought the case, this is significant because those traits (presumably) are an important part of the couple’s initial attraction and, ultimately, the mother’s implicit desire to have a child with a man with those specific traits. For the husband, of course–who is not the named plaintiff–the fact that the child is not biologically related to him is an even more definitive loss.

Second, it is curious that the husband was not the plaintiff (or at least a plaintiff) in the case. Given that his total genetic exclusion was not by his choosing, it could be argued that the husband was even more injured than the mother. After all, it is the husband who had the total “fracture of biological parenthood,” not the mother, as she has provided 50% of the child’s genetic makeup.

Jennifer Hutchens is a Robinson, Bradshaw lawyer who focuses on health care and life sciences.

Filed under General Interest, Genomics & Society, International News

Singapore Court Awards Damages for Loss of “Genetic Affinity”

In its March 22, 2017 decision in ACB v. Thomson Medical, the Court of Appeal of Singapore (the city-state’s supreme court) approved an award of damages for loss of “genetic affinity” against a fertility clinic that negligently fertilized a mother’s egg with sperm from an anonymous donor rather than her husband. The plaintiff and her husband had sought help from the four defendants, a group of related medical entities and practitioners, to conceive a child in vitro. The wife is an ethnically Chinese Singaporean and the husband is a Caucasian of German descent. After multiple attempts at fertilization, the wife gave birth to a baby girl (referred to in the opinion as “Baby P”). The family noticed that Baby P’s skin tone did not match that of either parent, nor that of their older child. They also learned that Baby P had a blood type that could not be reconciled with the parents’ types. Further medical investigation revealed that the wife’s egg had been fertilized not with the husband’s sperm, as the couple had intended, but with the sperm of an anonymous donor of Indian ethnicity.
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Filed under General Interest, Genomics & Society, International News