Saturday, September 26, 2009

Surprise Surrogate: Ohio Mother Gives Birth To Baby in Mistaken Implanted Embryo Case

Carolyn Savage of Sylvania, Ohio has given birth to a baby boy in a bizarre case of negligence by a fertility clinic. Savage, 40, has agreed that the baby is not hers after the clinic implanted the wrong embryo. The Savages have agreed not only to have the baby but to give up the baby to his biological parents.

She learned the truth ten days after the procedure when the clinic called to say basically “the good news is that you’re pregnant, the bad news is that the baby is not yours.” The baby was shown by DNA tests to actually belong to Paul and Shannon Morell of metro Detroit.

The negligence of the clinic effectively made her a surrogate for another family. Presumably, she can recover not just for negligence and negligent infliction of emotional distress but also possibly battery since she did not consent to this implantation.

The Savages could not be more gracious toward the Morell family, releasing the statement: “We would like to offer our heartfelt congratulations to the Morell family on the birth of their son. We wish Paul, Shannon, their twin girls and their new baby boy the best, as they move forward with their lives together.”

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