Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, September 12, 2019

Clinic Ordered To Reveal Sperm Donor List After Baby Mix Up

IVFKristina Koedderich and Drew Wasilewski underwent IVF in hopes of having a child, and in 2013 after spending nearly $500,000 for the procedure, they gave birth to a baby girl. But after two years, they started to notice that the daughter's feature did not exactly match the Caucasian features of her parents. She appeared Asian. A DNA test confirmed that Wasilewski was not her biological father, though he was intended to be.

The now-divorced couple claim that there was a severe mistake by the Institute for Reproductive Medicine and Science in Livingston, New Jersey, in which they impregnated Koedderich with the sperm of another man. Koedderich and Wasilewski claim the clinic's negligence caused "the breakdown of the marriage." They are suing the clinic for unspecified damages, and their attorney, David Mazie, said that, "It's been devastating for them."

There is also a question of what exactly happened to Wasilewski's sperm? Does he now have a biological child or children somewhere? Superior Court Judge Keith Lynott ordered the institute to hand over a list of all the men and women that were using or had used the facility around the same time as the couple. They also want to know the identity of the their daughter's biological parent. The girl, now six, has been diagnosed with a blood disorder associated with Southeast Asian heritage.

See Clinic Ordered To Reveal Sperm Donor List After Baby Mix Up, NPR.org, September 11, 2019.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2019/09/clinic-ordered-to-reveal-sperm-donor-list-after-baby-mix-up.html

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