England: man whose ex-wife deceitfully used former boyfriend’s sperm for IVF treatment awarded £100,000

The man, who cannot be named, found out that the child, who was conceived via IVF treatment, was created with the sperm of the woman’s former boyfriend.

At Central London Country Court, judge Deborah Taylor ruled the mother was deceitful and said her account was “highly improbable and inconsistent” after she claimed she had never told the man he was the child’s biological father and that she had hidden nothing.

Indeed, she claimed the man was aware “from the very first day” that she had used another’s sperm to conceive the child.

She was found guilty of “deliberate, fraudulent misrepresentation”.

The judge awarded the man £40,000 for the impact of six years’ deception as well as loss of earning and for maintenance of the woman’s property.

She also awarded £60,000 in costs.

But the man did not recover the full £60,000 in child maintenance he had paid out as he had the enjoyment of the child when he believed him to be his own, the judge said.

The ex-husband had previously offered to settle the claim last year for £12,500 including legal costs.

But the woman refused and now faces a £100,000 bill.

The man said he wanted the woman and her former boyfriend to “realise the consequences of their deceitful actions, practised over almost six years”.

He added: “I am sure it has deeply affected me and my family but most importantly their own son and my ex-son, which is absolutely appalling.”

“I can’t imagine what my then son must have felt to have had a loving father substituted by another man. How can she (and he) sleep at night?”

The lecturer said when his ex-son turns 18 he hopes that he “looks for me and I and my family can show him how much I love him and be part of our lives again. He is truly missed.”

He added: “The four-year litigation has been incredibly difficult and stressful and I have sometimes felt I think I am in the wrong film.”

The ex-wife and her ex-boyfriend had, the man said “used me to carry out the hard business of being a father to their child and dropped me … whilst maintaining a parallel world of their own secret little family life behind my back.”

The discovery was made about the boy when he was five years old, after the man had spent £80,000 on maintenance costs.

The mother, who is said to earn £180,000 a year as a successful businesswoman, revealed the truth in 2011 after the man asked for more contact. The revelation was confirmed by DNA analysis.

Thomas Brudnell, barrister for the man, said his client made damages claims for distress and humiliation as well as deceit and sums paid in maintenance and compensation due to loss of earnings.

The former couple married in 2002 and went to Barcelona for IVF treatement.

However, the woman was upset the man had drawn up a contract under which he would not have “normal” financial responsibility towards the child.

She said: “He didn’t want to go back .

“The only reason I took was because my ex-husband gave me that document to sign.”