ABC v Thomson Medical Pte Ltd and others, Singapore Civil Court of Appeal [2017] SGCA 20 - read judgment It is a trite reflection that law should change with the times but every so often we see the hair-pin bends in law's pursuit of modern technology. This case from Singapore about reproductive rights and negligence…
In this case, a mistake was made in the process of an in vitro-fertilisation procedure involving a Singaporean Chinese woman and her German Caucasian husband.
Mistakenly, the wife’s egg was inseminated with sperm from an unknown Indian donor.
Baby P was born healthy, but with a different skin tone.
The claimant’s affidavit states that the pain and suffering that she suffered as a result, physically, mentally and emotionally, was “beyond words” and was “agonizing”
BERLIN — Embryos created during in vitro fertilization can be screened for genetic defects before being implanted in the womb, a German high court said in a landmark ruling Tuesday. The Federal Supreme Court in Leipzig ruled in support of a Berlin gynecologist who had carried out screening on embryos for three different couples and implanted only those that were healthy. The embryos with hereditary genetic defects were left to die off. The high court's ruling upheld a decision by a Berlin state court that the doctor's action did not violate German laws for the protection of embryos. The 47-year-old doctor, who was not identified by the court, brought the case to court himself in 2006 to clarify the legal situation. He was first acquitted by a regional court in Berlin, but the city's state prosecutor appealed.
A decision last week by Germany’s Federal Supreme Court to acquit a gynaecologist of illegal abortion after he chose to carry out genetic diagnosis on several human embryos and discarded those with genetic defects has stirred a debate about the possible need for a new law tightening the rules on preimplantation genetic diagnosis. The landmark ruling said that embryos created from in vitro fertilisation (IVF) can be screened for genetic defects before being implanted in the womb. The 47 year old doctor, who was not identified, brought the case to court himself in 2006 to clarify the legal situation. He had already been acquitted in May 2009 by a regional court in Berlin, but the prosecutor had appealed the decision.
Two children in Northern Ireland whose white mother was mistakenly impregnated with sperm from South Africa labelled “Caucasian (Cape Coloured)” during in vitro fertilisation have failed in a compensation claim at the High Court in Belfast. The children’s mother, who brought the case on their behalf, claimed that their quality of life was adversely affected because they looked markedly different from their parents and had quite different skin colour from each other. She said that they were subject to “abusive and derogatory comment and hurtful name calling from other children, causing emotional upset.” But Mr Justice Gillen ruled that they had not suffered any loss or damage for which the law could compensate them.
OTTAWA — A Supreme Court ruling placing much of Canada's burgeoning fertility industry under provincial control leaves an enormous gap in the regulation of artificial procreation and exposes women who use the technologies and the children born from them to potential harm, critics say. A sharply divided court struck down key federal powers to regulate assisted human reproduction Wednesday, concluding that several parts of a new law fall under provincial jurisdiction over health care. The ruling effectively stops a federal move toward national standards and guts Assisted Human Reproduction Canada — an embattled federal agency that was struck four years ago to monitor how assisted procreation is carried out at more than two dozen fertility clinics across the country.
Women in the Irish Republic will have to be given the means to access legal abortions there if their lives are at risk, the European Court of Human Rights has ruled in a landmark judgment. The ruling, by the grand chamber of the Strasbourg court, can not be appealed and will require Ireland to legislate or otherwise set up a framework to decide whether there is a “real and substantial risk” to a woman’s life if she goes ahead with her pregnancy. The court held that the human rights of a woman with a rare cancer were violated when she was obliged to travel to the United Kingdom for an abortion and awarded her €15 000 (£12 700; $19 800) in compensation.
A serving High Court judge has told the BBC that he is approving commercial surrogacy agreements made by British couples abroad. Laws in the UK are designed to try to prevent such arrangements, but Mr Justice Hedley said his paramount concern was the welfare of the child. The most recent case the judge approved was last month, involving a baby born to a surrogate in the Ukraine. The judge said he was "extremely anxious" about the current situation. In Britain, the judge said, the only payment allowed to a surrogate mother was one of "reasonable expenses". However, he has agreed to give retrospective approval for commercial surrogacy on at least four occasions.