Fertility Clinic Tells Gay Couple Suing for Wrong Embryo Implant to Value Healthy Child Regardless of Gender

The Pasadena fertility clinic embroiled in a lawsuit for implanting the wrong embryo into a gestational carrier has responded to the gay couple suing them.

A spokesperson for HRC Fertility, headed by Dr. Bradford A. Kolb, said they are hoping the couple, Albert and Anthony Saniger, would love and value their healthy baby regardless of the gender when many people in the U.S. are "struggling with reproductive issues."

In a statement to Pasadena Now, the spokesperson said that HRC Fertility has always strived to "provide world-class care." They have helped "thousands of people," including the couple who filed the lawsuit.

The clinic also cited that Kolb is well-known internationally for his expertise in reproductive health and that his practice is widely-regarded for adopting cutting-edge technologies and the latest developments in fertility services. Their facility is popular with gay and lesbian couples who aspire to become parents. 

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Albert and Anthony Saniger wanted a son

The Sanigers claimed that HRC Fertility should be liable under the Unfair Competition Law and the Consumer Legal Remedies Act. They alleged that the clinic breached their contract and conducted medical malpractice despite explicitly telling Kolb and his staff of their choices. The couple wanted to have a baby boy, but the wrong embryo implant resulted in a healthy baby girl born in 2021, per CBS News.

Albert and Anthony, who have been together for ten years, have always planned to have two sons through two separate embryo implants. After their wedding in 2013, the couple planned the birth of their babies and even picked out their future sons' names. They created the boys' Gmail accounts as well.

The couple's plan to become parents was a long and financially challenging process, but by May 2020, the Sanigers gave their sperm samples to HRC and arranged for donor eggs and a gestational carrier. They enlisted third-party providers to achieve their dreams.

However, the Sanigers experienced at least two unsuccessful embryo transfers in July and September that same year. Hope flourished when their chosen gestational carrier had a viable pregnancy by December. It's unclear at which point the same-sex parents found out that they would have a daughter instead of a son. But the couple claimed HRC never offered any explanation for the wrong embryo implant.

Raising three kids instead of two boys

The Sanigers, however, are still proceeding with their plans to have two more boys. They acknowledged the financial impact of having three kids, citing this will be staggering for their family. Hence, the couple cited the added cost in their lawsuit against HRC Fertility.

Per Pink News, the lawsuit has underscored a $300,000 cost for the fertility procedure, as well as unspecified damages and the cost of having three kids. The couple filed the lawsuit Friday, July 1. The California court will still have to determine if it can proceed or if it will have to be thrown out.

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