Ruling on IVF blunder twins’ father

THE black biological father of mixed-race twins born to a white mother after a “tragic” IVF sperm mix-up is the children’s legal father, a British High Court judge ruled yesterday.

Judge Elizabeth Butler-Sloss stressed that despite her ruling, everyone concerned agreed the children should remain with the white mother and her husband in their loving, stable home.

The judge announced her decision at London's Law Courts that the black biological father of the twins, Mr B, and not the husband of the white mother, Mr A, was the "legal father".

The babies, referred to only as Y and Z, were born following a procedural blunder at the Assisted Conception Unit at Leeds General Infirmary when the black man's sperm was mistakenly used to fertilise the eggs of the white woman, Mrs A.

After the ruling, Andrea Dyer, solicitor for Mr and Mrs A, confirmed that the couple would be seeking to legally adopt the twins.

She said: "The couple feel blessed that they have two beautiful children and Mr A will continue to treat them as his own. They feel a great deal of sympathy for Mr and Mrs B."

Mohammed Ayub, solicitor for Mr and Mrs B, praised Mr and Mrs A for their "sensitivity and understanding".

He said his clients wanted time to reflect on the judgment before deciding what to do.

In her 22-page judgment, Judge Butler-Sloss said of the twins: "Although they lose the immediate certainty of the irrebuttable presumption that Mr A is their legal father, they will remain within a loving, stable and secure home."

After the ruling, Laurence Oates, the Official Solicitor acting on behalf of the children, said: "This judgment is a step in the direction of resolving, as the President has described, the real human dilemmas behind the mistake that has occurred in this case.

"The family of these twins is Mr and Mrs A. The twins will stay living with them. To the world at large Mr A has been treated as the father."

Judge Butler-Sloss, referring to the couples, told the court: "Their cases have been headlined across the press perfectly legitimately because this is a situation which the public is entitled to know about but the actual victims as they all are of this situation which is irreparable they are entitled to some protection.

"So it is particularly important that no one seeks them out," she said.

Giving the background to the case, the judge said: "By a 'mistake' (which I shall call it despite its inadequacy as a description of what occurred) Mr B's sperm were injected into the eggs of Mrs A.

"Behind the legal arguments which occupied the court for three days lies a tragic human story of two families trying to come to terms with the consequences of the mistake."

The judge said she hoped the mistake in this case was "exceptional".

Legal sources say it is likely the couple will begin proceedings for compensation.