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Dad sues IVF clinic for £1m after ex has ‘secret’ baby

A FATHER is suing a Harley Street fertility clinic for £1million claiming his ex-partner ‘secretly’ conceived their child after they split.

He says she tricked doctors into impregnating her by using a frozen egg fertilised by his sperm.

His breach of contract claim includes ‘hundreds of thousands of pounds’ towards private education for his daughter, now six, a nanny, ski holidays and a Land Rover Discovery plus legal fees for a custody battle.

The IVF procedure took place at Hammersmith hospital in October 2010, five months after their ‘volatile and rancorous’ relationship broke down, the High Court was told.

The couple, in their 40s but who cannot be identified, previously had a son together using IVF. More of their eggs and sperm were held in cold storage at the west London clinic, run by IVF Hammersmith Ltd of Harley Street. The father — now married to another woman — said his ex forged his signature to secure the release of the eggs. She gave birth to a daughter in 2011, who he ‘understandably loves’.

But Michael Mylonas QC, for the father, told the court that the clinic ‘allowed the embryo to be thawed and implanted’ in breach of safeguards.

Jeremy Hyam QC, for the clinic, argued that even if the name on the ‘consent to thaw’ form was found to be forged, it should not have to pay.

Fertility medics were not informed that the couple had broken up until 18 months after the baby had been born, he said. The mother, who denies forging the signature, is the subject of a third party claim by the clinic, the court heard. The case continues.