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Judge Throws Out Portions of Gay Couple’s Fertility Clinic Lawsuit

Judge Throws Out Portions of Gay Couple’s Fertility Clinic Lawsuit

The two tech execs had wanted two baby boys, but filed suit after a baby girl was born.

A gay couple suing a Pasadena fertility clinic following the birth of a female child when they had requested two baby boys had portions of their lawsuit tossed by a judge in Los Angeles on Monday.

According to a report from local news radio KNX, plaintiffs Albert and Anthony Saniger filed a lawsuit in July against the Huntington Reproductive Center Medical Group (also known referred to as HRC) and Dr. Bradford Kolb claiming negligence, breach of contract, and malpractice after the clinic implanted a female embryo into the birth mother when the couple had specifically requested two male babies.

In her ruling, Los Angeles Superior Court Judge Teresa Beaudet dismissed the claim of negligence and additionally ruled the plaintiffs must strengthen their breach of contract cause of action for it to remain part of the lawsuit. She let stand for now their claims of fraudulent concealment and violation of the unfair competition law and Consumer Legal Remedies Act. An additional claim of medical malpractice was not challenged and remains part of the couple's lawsuit.

In their suit filed July 1, the Sangers, who have been married since 2013, said they had always planned for having only two children, both males, going so far as to choose first and middle names and opening Gmail accounts for each expected son. The couple provided sperm to the clinic in May 2020, and had two unsuccessful attempts at in vitro fertilization later that year in July and September. A baby girl was born to a surrogate mother in 2021.

The lawsuit claims the couple has spent $300,000 to date, and will suffer "staggering" financial hardship due to raising a third child to go along with their two planned sons. Anthony is the founder of Standard Dose, a wellness retailer, while his husband Albert is the founder of the shopping app, nate.

In a statement released in July following the filing of the Saniger's lawsuit, HRC which markets its services to the LGBTQ+ community, said they had helped thousands of folks become parents, including the Sanigers.

"The couple ideally desired a baby boy but were blessed with a healthy girl," the medical center's statement read. "To their dissatisfaction, we have sought to address their concerns. Every child has value and limitless potential regardless of gender. We hope the Sanigers find love and value in their healthy child while so many across the country are struggling with reproductive issues."

In their lawsuit, the couple claims "HRC has offered no explanation for how this error occurred."

The Sanigers are seeking unspecified damages in their lawsuit.

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