- Apr 22, 2022
A couple are suing a California fertility clinic after they requested a male embryo but ended up having a baby girl.
According to CBSNews, Albert and Anthony Saniger were determined to be fathers to two sons. Before the couple wed in 2013 they had already chosen the names of their future kids and even created Gmail accounts for them.
The HRC Fertility clinic and fertility specialist Dr Bradford A Kolb reportedly assured the couple that they could make this happen. The couple were explicitly clear that they wanted a male embryo implanted in their surrogate.
In May 2020, the couple provided their sperm, and after two unsuccessful attempts their surrogate became pregnant in December. She gave birth to a baby girl in 2021.
The couple’s lawsuit claims that the fertility clinic “negligently, recklessly, and/or intentionally transferred a female embryo to the Sanigers’ gestational carrier”.
The lawsuit was filed at Los Angeles Superior Court and is alleging breach of contract, medical malpractice, negligence and fraudulent concealment and violation of the Unfair Competition Law and the Consumer Legal Remedies Act.
The couple is seeking unspecified damages, citing the $300,000 cost of the fertility process, as well as the cost of raising three children instead of two, as they still plan to have two sons.
The HRC website states that it is “dedicated to helping the gay and lesbian community achieve their dreams of parenthood.” The clinic also advertises sex screening for eggs so parents can choose the sex of their child.
The clinic said “every child has value and limitless potential regardless of gender” in a statement responding to the lawsuit.
“At HRC Fertility, our mission is to provide world-class care,” a spokesman said to NBC Los Angeles.
“We have helped thousands of people, including the couple involved in this lawsuit.
“We hope the Sanigers find love and value in their healthy child while so many across the country are struggling with reproductive issues.”