Reference no: EM133450999

Case Study: Nigel and his wife Karla wanted to start a family but were having a problem conceiving a child. Karla, reading a magazine at their home in Nevada, noticed an ad for a fertility clinic in Los Angeles, looked up the internet site that was mentioned in the ad and sent an inquiry via website contact form. She received a reply from Maria, who stated she was a new patient coordinator. Karla was assured that the fertility clinic has a 98% success rate, and that the clinic would oversee every aspect of the IVF process for them. Maria sent Karla a contract for IVF services at NewBaby Clinic, located in Los Angeles, CA., via email attachment. Each IVF treatment was to cost $12,000. Egg retrievals and sperm donations were an added cost. Karla did not show the contract to Nigel and did not sign the contract or return it to New Baby.

The couple traveled to Los Angeles where Karla underwent three egg retrievals at the clinic and Nigel donated his sperm. After the IVF procedure, the couple learned that they were expecting a baby girl. In Nevada, their obstetrician recommended that Karla undergo genetic testing to rule out abnormalities. The test revealed that the fetus was healthy but that there was a zero percent probability the couple were the biological parents. Fearing the emotional toll of a potential custody battle once the baby was born, the couple chose to terminate pregnancy.

Now, the couple is suing the NewBaby Clinic for allegedly impregnating the mother-to-be with a stranger's eggs. They are also accusing the clinic of losing Karla's eggs and failing to disclose whether those were implanted into a stranger, potentially giving away their biological child. Nigel is concerned his sperm has been used to father a child with a stranger that he will be financially liable to support.

summarize the relevant facts of the case as they relate to each party. A fact is relevant if it had an impact on the case's outcome. Not all facts in the scenario are relevant. An effective method of summarizing relevant facts is to list them numerically in order as a separate sentence. For example, the first relevant fact might be: "Nigel is a resident of California". This fact is relevant because it establishes his state of residency.

Question: list a summary of the issues as they relate to each party;

T identify and discuss the relevant law to be applied to each issue from the preceding paragraph;

write your conclusion in an objective (not subjective) manner. Do not spend time writing about your personal opinions. Your conclusion describes the legal rationale supporting your decision. In summary, what are the legal principles you are applying to the facts of this case that support your conclusion?