IVF blunder twins case back in court

The legal row surrounding the black twins born to a white couple after an IVF blunder will be taken back to the British High Court tomorrow.

Family Division President Dame Elizabeth Butler-Sloss, who has the task of sorting out the legal issues raised by the case, was expected to sit in private, possibly preceded by a public statement on the future conduct of the proceedings.

Three months ago the judge announced that genetic testing had established that “Mrs A”, the white woman who gave birth to the twins, was their biological mother.

A man whose sperm might have been used by mistake instead of sperm from the woman’s husband had been identified, she said. The man and his wife were receiving fertility treatment at the same clinic.

The judge said: “Mr and Mrs A were alerted by the appearance of the twins to the possibility of an error in the fertility treatment.

“Genetic testing has established Mrs A is their biological mother, but that Mr A is not their biological father.

“Once the NHS Trust responsible for the clinic became aware of the possibility of an error, it undertook an investigation which is continuing.

“The Trust has identified a man, Mr B, who it is thought might have provided the sperm to Mrs A. He and his wife were receiving fertility treatment at the same clinic.”

The judge said the case raised difficult issues relating to the privacy of both families, medical confidentiality and the welfare of the children.

She granted injunctions preventing the media from identifying or approaching the individuals concerned.

The injunctions also prevent identification of the clinic and health trust area.

The judge said: “The court will in due course seek to disentangle a number of difficult issues and will give judgment in open court setting out the relevant facts which gave rise to the issues, and the decision of the court on those issues.”