[Answered]: In a case filed in the state of New York, the…

In a case filed in the state of New York, the plaintiffs, a married couple – Mr. and Mrs. A – sought reproductive assistance through an in vitro fertilization (IVF) center in order to have their own biological child. After a successful IVF procedure, the couple’s child was born, a baby girl. However, the race of the baby did not appear to be the same as the race of the parents. The couple filed a claim for negligence against the IVF center after confirming by DNA test that Mr. A was not the baby’s biological father. The couple also claimed that the defendants committed assault and battery since the plaintiffs did not consent to fertilization with a stranger’s sperm during the in vitro fertilization procedure. In order for the defendants to be found negligent when they fertilized the plaintiff, Mrs. A’s egg with a stranger’s sperm instead of Mr. A’s sperm, the elements of negligence must be present. The elements of negligence are duty, breach of duty, proximal cause, and harm. Battery and assault are intentional tort. It is considered battery if a procedure is done without the patient’s consent.