IVF Mix-Up Compensation Claims

If you have experienced an IVF mix-up - such as being implanted with the wrong embryo, the use of someone else’s sperm, or a failure to properly store or label embryos - you may be entitled to claim compensation for medical negligence. These kinds of errors in fertility treatment can have a devastating, lifelong impact for your family, and making a claim may result in compensation being awarded for those losses.

At JMW we have a leading, highly ranked medical negligence team, with a wealth of experience helping people work through the aftermath of IVF mix-ups, including IVF embryo mix-ups and other serious breaches of care. We understand the distress these mistakes cause, and our role is to guide you through the legal process with professionalism, compassion and care.

Our team have detailed knowledge of the law surrounding reproductive medicine and we will source the appropriate medical experts to provide an opinion on the care you have received. We will support you and your family and work hard to secure compensation that can assist with your recovery.

To speak to a solicitor about claiming for an IVF mix-up, call us today on 0345 872 6666 or fill in our online enquiry form to request a callback. We can handle claims on a no win, no fee basis.

How JMW Can Help

Our clinical negligence team, led by solicitor Eddie Jones, is recognised nationally for its expertise in complex and emotionally sensitive claims, including those involving IVF mix-ups and fertility treatment errors. We understand how deeply distressing it can be to learn that something went wrong during your in vitro fertilisation - particularly when it means raising a child who is not genetically yours, or discovering that your own embryos were used without consent.

JMW provides clear, compassionate legal support to people affected by IVF mix-ups, helping them work through the legal process with confidence. We act for individuals and couples across the UK who have experienced failures at fertility clinics, whether privately or by an NHS Trust.

We have the requisite knowledge to pursue these cases diligently - from the transfer of the wrong embryo or wrong sperm, to mix-ups that only come to light years later through DNA testing. Our team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel.

With JMW, you will be supported by lawyers who have the technical knowledge, empathy and determination to prosecute your claim.  We aim to make the process as straightforward and hassle-free as possible, keeping your wellbeing at the centre of everything we do.

Meet Our Team of Medical Negligence Experts

The medical negligence solicitors at JMW are among the most respected in the UK thanks to their professional and proactive approach.

What Is an IVF Mix-Up?

An IVF mix-up refers to a serious error that occurs during the in vitro fertilisation process - most often involving the use of the wrong sperm, wrong egg or wrong embryo. These mistakes can have life-altering consequences, especially when they result in a pregnancy using someone else’s genetic material or the destruction of embryos intended for future treatment.

Couples who turn to fertility clinics do so with the hope of starting or growing their family. They rightly expect a high standard of care throughout the process. While most fertility treatment in the UK is carried out safely and responsibly, IVF mix-ups can and do happen - often as a result of human error or equipment failure.

Some of the most common forms of IVF mistreatment include:

• Implantation of embryos into the wrong patient, resulting in one person carrying another couple’s child.
• Sperm being used to fertilise the wrong eggs, leading to children being born to parents with no genetic connection.
• Lost or damaged eggs, either due to poor labelling, record-keeping issues or laboratory mishandling.
• Destroyed sperm or eggs due to equipment failure, such as malfunctioning storage tanks or power outages.

In some cases, the consequences are not immediately clear, meaning that families may spend months raising children who are not biologically their own, and not realise the truth until a DNA test confirms their suspicions. Thankfullly, these mistakes are rare, but can cause lasting emotional harm and may affect relationships within biological families, your children’s sense of identity, and your trust in the healthcare system.

Are IVF Mix-Ups Classed as Medical Negligence?

In many cases, IVF mix-ups will be considered a form of medical negligence. Fertility clinics and healthcare providers have a legal duty to deliver a safe and competent standard of care. When they fail in this duty - through poor procedures, poor communication or human error - and this leads to serious consequences, this can equate to negligent treatment.

For the error or mix-up to be classed as clinical negligence, you must be able to show that:

• The clinic or provider owed you a duty of care (this is usually done without any difficulty) 
• That duty was breached - for example, by a doctor using the wrong sperm, losing your embryos, or implanting another couple’s embryo into you
• You experienced harm as a result - such as emotional distress, damage to your family life, and/or consequential financial losses

Errors like implanting the wrong embryo, using another couple’s sperm or egg, or failing to properly store and protect reproductive material, can all meet the legal threshold for negligence. These incidents can happen at both private IVF clinics and NHS fertility centres, and responsibility may lie with a number of professionals involved - including embryologists, fertility doctors, and laboratory staff.

The Human Fertilisation and Embryology Authority (HFEA) sets regulatory standards for UK fertility clinics. A failure to meet these standards may not only result in disciplinary action but also support your case for a compensation claim.

What Can I Claim Compensation For?

If you have experienced an IVF mix-up, you may be able to claim compensation for a wide range of consequences - both emotional and financial. These cases often involve highly personal and distressing outcomes, such as discovering that your child is not genetically related to you, or learning that your own embryos were destroyed or given to someone else.

A successful IVF mix-up claim may cover:

• Emotional distress: The psychological impact of discovering the truth - sometimes through a DNA test - can be profound. You may experience grief, anxiety, or long-term trauma after learning that your child was conceived using someone else’s genetic material or that your planned pregnancy was prevented due to lost or damaged embryos.
• Loss of opportunity for successful IVF treatment: If a fertility clinic destroyed your stored embryos or eggs, you may lose the chance to have a biological child in future. This kind of loss can be particularly devastating after months or years of treatment.
• Costs of additional fertility treatment: If the clinic’s mistake means you need to repeat part or all of your fertility treatment, you may be able to claim for these costs - especially where private treatment is involved.
• Disruption to family life: The impact of a mix-up may affect your relationships, your parenting decisions, and even the wellbeing of your child. These consequences are deeply personal and can vary depending on how the IVF mix-up came to light.
• Practical expenses: This may include counselling costs, specialist medical care, or legal costs related to establishing parental responsibility.

Every case is unique. Some people only discover what happened years after the birth - through genetic testing, routine medical assessments, or physical differences between parent and child. Others are told shortly after implantation, when a clinic realises that such errors have occurred.

Whatever your experience, JMW can help you understand your options and pursue compensation to reflect what you’ve lost and what you’ve been through.

What Is the Process of Making an IVF Mix-Up Claim?

Bringing a claim for an IVF mix-up may feel daunting, but we will support you every step of the way.  Our aim is to make the process as straightforward as possible. From your first conversation with our experienced team, we’ll listen carefully, explain your options, and advise you on whether you have a claim.

If we take your case forward, we’ll:

• Gather evidence, such as fertility clinic records and any DNA test results
• Consult independent experts in reproductive medicine to assess what went wrong
• Present a detailed claim to the clinic or healthcare provider responsible - whether in the private sector or through an NHS trust
• Handle negotiations and aim to secure appropriate compensation for the emotional, practical, and consequential financial effects of the IVF mix-up

Most claims settle without the need to go to court, but if court proceedings are required, we will continue to guide you through that process.

Most of our cases are accepted on the basis of a no win, no fee agreement, and as such, there is no financial risk to you if the claim is unsuccessful.

You can read more about the full legal process in our guide: What Is the Medical Negligence Claims Process?