Dad sues after learning daughter conceived by IVF isn’t biologically related to him

A lawsuit filed on September 30th reveals that a father, who has chosen to remain anonymous, is suing a former Nevada IVF clinic OBGYN and embryologist after discovering his daughter, born through IVF, is not biologically related to him. The news came as the greatest shock after his 18 year-old daughter (known as KP Doe) took a DNA test via Ancestry.com and discovered no biological link to the man she calls ‘dad.’

The man, named in the lawsuit as “EP Doe,” states that he and his wife, CWP, who is now deceased, underwent IVF using a donor egg and his sperm back in 2004. They consulted with defendants Dr. Rachel McConnell and embryologist Dee Harris who worked out of Nevada Fertility C.A.R.E.S., an IVF clinic that has now been closed since the early 2010s. These defendants have been sued before for “negligence in properly freezing and storing embryos” used in IVF. Apparently, this $30,000 lawsuit occurred around the same time as this family’s IVF treatment took place. 

The family’s attorney, Robert Murdock of Murdock and Associates, states, “EP was deprived of the opportunity to create life from his heritage as was promised and planned by Defendants,” and notes that EP is now undergoing the process to adopt KP officially since she is not biologically related to him. The lawsuit also brings to light the possibility that other embryos could have been mixed up between families anytime between 2002 and 2012, and that “the only way anyone would know [about a mixup] would be DNA testing of all persons who used the services of Defendants,” within this time frame. It remains to be discovered what happened with the embryo originally intended for EP and his wife CWP, who passed away in 2022. 

READ: Gallup poll shows Americans are confused about IVF

It has been revealed that KP was intended for another Las Vegas couple, known by the alias, ‘DM.’ “At some point before implantation and even after, Defendants and each of them should have known about what they did in this matter,” the lawsuit states. “The reason is, DM (KP’s biological father) would have had a missing embryo from Nevada Fertility C.A.R.E.S., and, EP (and CWP Doe) would have had an embryo that went un-implanted.”

EP had explained to Murdock that he and CWP had not shared with KP that she was conceived through IVF and an egg donor because “there just did not seem to be a reason to.” But when CWP passed away due to “autoimmune and heart issues,” KP decided to learn more about her heritage through Ancestry.com. This is when EP decided it would be good to explain the lack of a genetic connection between the mother and daughter before KP found out on her own. No one was expecting to find the lack of a genetic connection between father and daughter as well.

According to Law&Crime, Murdock states the family has presented “malpractice, negligence, and intentional infliction of emotional distress” charges, “and they are seeking an undetermined amount of punitive damages as well as compensatory damages greater than $15,000.” There is currently no court date set to address these charges.

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