IVF Suit

In the last day or so a lesbian couple who sought IVF to have a child have been all over the media – unfortunately though, it’s for all the wrong reasons. The couple are suing Dr Robert Armellin, the clinician they say negligently caused them to have two children and not the one they asked for. They accuse the doctor of incorrectly implanting two embryos and are pursuing a civil law suit to the value of $400,000 – the cost of raising their ‘surplus child’.

News of this case troubles me for a couple of reasons. Firstly, I would classify this as a frivolous law suit. No question. It should be immediately (laughed) tossed out of court and the women in question forced to pay for wasting the court’s precious time. IVF is painful (emotionally and physically), costly and success rates are low. Many couples try repeatedly and fail. Multiple embryos are often implanted to increase the chance of success. Having a successful procedure is something to be treasured – the concept of ‘too successful’ doesn’t occur to most childless couples (gay or straight). The scourge of the frivolous law suit has long sickened the continental US and is emboldened with each new victory. It is a disease that I had hoped we would be largely spared of, as a people who supposedly pride themselves on common sense.

Second of all, and perhaps more important is the impact this saga is having on the rights of same sex couples to have a family though IVF. At a time when the issue is still divisive and certainly topical, this bad publicity is sure to be extrapolated. Critics are bound to seize upon this suit as reinforcement of unfair (and plainly incorrect) stereotypes which seek to undermine the value same sex couples place on having children. The quotes already in print from this case implying that the women had allocated enough love and resources for one child, but not for two – are damaging in general, but particularly so for same sex couples, already under fire.

Overall then, this case represents a two fold danger. Frivolous law suit season could be upon us, and anti-gay rhetoric could be louder than usual in the coming days. My advice then is to fight the urge to make a quick buck via a dodgy law suit, but to even more strongly repel the (all too common) human failing of judging minority groups by the actions of a few.