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  1. #1
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    Default Parents sue over baby boy

    THE words new mother Fiona least expected or wanted to hear when she gave birth were: "It's a boy."
    The 30-year-old and her husband Paul used IVF with the specific aim of producing a daughter and expected a girl for the entire pregnancy.

    A family history of an incurable blood disorder, which strikes only males, was behind their decision to opt for the controversial sex selection procedure.
    By taking the extreme step of asking doctors to discard all male embryos and implant only a female, they hoped their child would avoid the life-threatening condition that Fiona has watched her wheelchair-bound older brother battle his entire life.
    But soon after baby Jess was born in June, 2005, doctors confirmed he has a severe form of haemophilia, the condition his family was so desperate to avoid.

    For full story go to link below.

    http://www.news.com.au/story/0,23599,23415051-2,00.html

    Is it playing God to say yes we can give you a girl?
    Would't there still be a risk to end up with a boy even with IVF?
    I know they wanted to avoid the life-threatening condition but would't it still be a risk in that you would end up with a boy?
    Is this going to stop poeple from picking the sex of there babys.
    What does every one elsa think about this?
    Last edited by *Cj*; 23-03-2008 at 09:06.

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    There is a big difference between selecting the sex of your child to avoid haemophilia and just 'wanting' a girl. To watch a child suffer with haemophilia would be an awful thing and to try and do everything you can to avoid this and then be presented with another child with the condition... how distressing.

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    Yes it would be hard and I can see why they wanted a boy. I was just thinking if this would stop a lot of IVF place doing it? Not that I think it needs to be stoped.
    Just if they would be worryed about being sued.
    I feel sorry for the little baby who is going to be in a lot of pain.
    So don't get me wrong I'm not saying his mum and dad are in the wrong.

  4. #4
    punkbaby's Avatar
    punkbaby is offline Got it back :D
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    I feel for the little boy too and the parents, i really dont think that i can comment though as its a very touchy issue. Sometimes playing with nature doesnt turn out the way that you expect, i mean that in a nice way though just commenting in general. I am sorry that the parents and little boy have to go through with this though, they have a long road ahead of them.

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    I'm looking at it more from, if Ivf places are going to be worryed about it. Not going to like doing it. In case they get it wrong.
    Not from his mum and dad sueing. You would hope that if they could tell the sex from the U/S they would have been told.

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    As far as I know they test for gender as soon as the embryos are created- way before ultrasounds. It is pretty unthinkable that the clinic made this mistake, it actually shows a degree of incompetency I find hard to believe.

    And now these new parents have alifetime of struggle before them and their child has a lifetime of disability, infertility and all because the clinic failed in their contract to implant ONLY female embryos.

    Gender selection is a rare thing in Australia and I would be surprised if most clinics who offer it didn't condsider the mistake horrifying rather than remotely possible. Perhaps clinics who do offer it will tighten up their procedures and checks and others who must use this procedure will benefit.

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    Jogora is offline My little angels or devils @ 4am he he
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    Surely at some point the drs / specialist's would have told them this wasnt fool proof??? You would think.....I do really feel for the parents but I personally - and this is only my opinon, i cant stress that enough, dont believe we should mess with nature. If I had a gene that could possibly cause that much pain & suffering I think I would avoid it all together and look at a donor.....This is a very touchy subject and I am sure alot of people have different ideas of whats right & wrong.

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    Quote Originally Posted by Asha View Post
    As far as I know they test for gender as soon as the embryos are created- way before ultrasounds. It is pretty unthinkable that the clinic made this mistake, it actually shows a degree of incompetency I find hard to believe.


    I don't understand how this kind of mistake can be made. And then, not to pick up on the mistake in the ultrasounds... Shocking.

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    I would be interested to know if they acutally CHECKED at the ultrasounds. If they had assumed that it was a girl as that is what they had asked to be implanted, then maybe they didn't ask. The scans at the IVF clinic would have been too early to tell gender, and they would have had the later ones done elsewhere... and as we all know, ultrasounds aren't 100% fool proof either.

    I really feel for the parents, but also for the clinic. It is a horrible situation for all involved.

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    There has been more add to the story

    In defence papers filed with the Supreme Court, Melbourne IVF has denied any wrongdoing and indicated it will fight the case.
    It claims in documents that it is possible the couple engaged in unprotected sex, which resulted in a natural pregnancy.
    Lawyers for Melbourne IVF also say the couple contributed to the situation by failing to ask about the sex of the fetus at the ultrasounds and by not having additional tests to confirm the sex of the baby.
    An ultrasound in October 2004 confirmed the pregnancy. Fiona says she asked her obstetrician whether she needed other tests to confirm the gender.
    But she says she was told it was not necessary "as it was known the embryo was a female".
    Lawyers for Melbourne IVF say in documents lodged with the court that a counsellor told Paul and Fiona as early as 2003 there was a risk of misdiagnosis with the IVF sex selection method.

    They claim the couple was given and signed an IVF consent form and a embryo biopsy consent form which stated: "If a pregnancy is achieved from biopsied embryos, we understand that further diagnostic tests are recommended to confirm the early embryo diagnosis."
    "The plaintiffs knew . . . that undergoing IVF and PGD did not guarantee a female fetus if a pregnancy were to occur and could result in the sort of injury, loss and damage about which the plaintiffs complain," court documents say.
    "The plaintiffs agreed to undergo IVF and PGD with the full appreciation of the nature and extent of the risks involved."
    The couple are now intimately familiar with the nature and extent of life with a haemophiliac child.
    "We have frequent trips to Melbourne to attend appointments at the Royal Children's Hospital," they say.
    "They take a whole day as we have to travel from country Victoria.
    "They place a strain on not just family life, but work commitments."
    Males have a one-in-two chance of inheriting haemophilia if their mother carries the gene, as Fiona does.
    The couple have another son, Tom, who was conceived naturally and does not suffer from the condition.

    Sex selection using IVF is highly controversial and in Victoria is allowed only in rare cases to reduce the risk of transmission of a serious genetic condition.
    Clinics are banned from performing sex selection in cases where a couple would prefer a boy or a girl for lifestyle reasons.
    "We wanted to avoid having a child with severe haemophilia after seeing what Fiona's brother goes through," the couple say in a statement to the Sunday Herald Sun.
    Fiona's brother has suffered hundreds of bleeds over the years, causing him a great deal of pain and leaving him confined to a wheelchair.
    "By choosing the IVF procedure, we hoped to never see a child suffer in this way again," Paul and Fiona say.
    "At no stage did we want a designer baby, we just wanted a healthy baby."
    The couple say the IVF procedure had been discussed at many haemophilia conferences as a way to have a baby not suffering from the condition.
    They had trusted Melbourne IVF to perform and interpret accurately all necessary laboratory tests to select an embryo that was female.
    They say they were not told that the specific tests they relied on were not 100 per cent accurate in detecting the gender of an embryo and if they had known there was a risk, they would have undertaken further tests.
    'Once the embryo was implanted, no further testing was done to check that it was female," papers lodged with the court state.
    The IVF treatment started in September 2004, when Fiona's eggs were fertilised with Paul's sperm.
    The resulting embryos were grown in a lab and four were chosen for a biopsy.
    Of those, one referred to as "Embryo ID5" was tested and reported to be female. Fiona was told that of the two normal female embryos among those biopsied, ID5 was the one recommended for transfer.
    "If (Fiona) had been aware that embryo ID5 was a male embryo, (she) would not have consented to the transfer into her uterus of embryo ID5," the couple claim in the Supreme Court writ.
    A judge has ordered the parties to a mediation session this year and a trial date is yet to be set.
    The couple hope Victorians will not judge them for using IVF sex selection and are at pains to stress they had their child's best interests at heart.
    "This procedure was not used for a designer baby . . . it was for a baby without a genetic disorder," they say.
    "Until you go through this, people should not judge you. Those who know us, our family and friends, understand and support our decision. That's all that matters to us."

    http://www.news.com.au/heraldsun/sto...72-661,00.html


 

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