Couple awarded €38,000 after IVF clinic produced ‘wrong’ child

A Spanish couple has won a lawsuit in a Belgian court because an IVF clinic produced twins with the wrong genetic make-up. The parents were awarded €38,000 for “shock” and “impoverishment”.

It was the first time that a Belgian court had found that a healthy child can be the cause of loss to parents.

A previous child born to the parents had beta thalassaemia, a genetic disorder which can be corrected with a bone marrow transplant. They wanted another child who could supply healthy bone marrow – a so-called “saviour sibling”.

Doctors at the Universitair Ziekenhuis in Brussels promised to do IVF and “pre-implantation genetic diagnosis” to ensure that the second child was a suitable donor. To the parents’ dismay, however, the clinic selected an embryo which proved not to be a match. Worse still, the embryo twinned.

The parents repeated the procedure at a hospital in Madrid and the fourth child proved to be a match.

Then the parents successfully sued the Belgian hospital. The judge ruled that the Spanish couple had “wanted two or three children within their family project, but under no circumstances four”.

The Iona Institute
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