Separated wife used donor sperm to conceive, forged husband's consent — now he's suing the clinic

A case out of Japan is stirring controversy after a separated woman used a third party's sperm — falsely presenting it as her husband's — to undergo fertility treatment and give birth. The husband has filed a lawsuit against the clinic, seeking roughly 11 million yen (about $68,800) in damages.

According to the Yomiuri Shimbun on Wednesday, a man living in Kyoto filed suit against the medical corporation that operates the clinic at the Kyoto District Court, seeking 11 million yen (about $68,800, or about 105 million won) including compensation for emotional distress.

According to the complaint, the man signed a contract with the clinic in January 2020 to begin fertility treatment aimed at having a second child. The couple also had embryos cryopreserved, but began living separately in January 2022 and entered divorce negotiations.

While still separated, the wife submitted a consent form bearing a forged version of her husband's signature and attempted artificial insemination — but did not become pregnant. She then forged another consent form, this time passing off a third party's sperm as her husband's, and submitted it to the clinic. She gave birth to a second child in August 2023.

The truth came to light when the wife disclosed the pregnancy during divorce negotiations. The husband filed a criminal complaint against her, and she was sentenced in April last year to 18 months in prison, suspended for three years, on charges of forging and using private documents.

The man said his right to self-determination — specifically, the right to decide whether to have a child — had been violated. In the complaint, he argued that had the clinic confirmed his consent to the sperm donation in person, it would have detected the forged documents and the use of a third party's sperm.

The clinic rebuffed the claim and asked the court to dismiss it, saying there was no rule requiring in-person or telephone confirmation of a male partner's consent. The clinic also denied liability, saying there had been no reason to suspect the sperm was not the man's or that he had not consented to the treatment.

The couple divorced last year, and the second child is currently in the care of the former wife. Although the man has no biological relationship with the child, he has maintained legal paternity and continues to pay child support for the child's sake.

The case has sparked a broader debate over at what stage and by what means medical institutions should verify patient consent during fertility treatment. Japan's Society of Obstetrics and Gynecology currently requires clinics to explain treatment plans to couples and obtain written consent in advance.

An obstetrician at the Osaka General Medical Center cautioned that overly strict verification procedures could increase the burden on both patients and clinics, potentially becoming an obstacle to treatment.

bbo@heraldcorp.com