Alexander, and his wife Sofia, underwent in vitro fertilization (IVF) treatment at the New Baby Clinic in 2014. A number of embryos had been frozen with the parties’ consent and they signed agreements on an annual basis for them to remain in storage. Unbeknown to the clinic, the couple’s relationship deteriorated significantly, and Alexander moved out of the family home. In 2017, Sofia handed the clinic a “Consent to Thawing of Embryos” form, signed by her and purportedly signed by Alexander. Based on that document, an embryo was thawed and successfully implanted in Sofia’s womb. In 2018, a daughter was born. After being informed he was a father, Alexander notified the clinic of the forged signature on the ‘Consent to Thaw’ form. He then filed a lawsuit against New Baby Clinic alleging breach of contract alleging that the clinic had agreed not to thaw or use his sperm without his consent. Alexander further sought damages for the costs of raising the unwanted child. Assume Alexander has won his breach of contract lawsuit and that a court has found that there has been a material breach of the contract.
Assignment: Analyze the facts, discuss the applicable law, and reach a logical conclusion as to the amount and type of damages applicable to this case.
