Inaccurate Conception: ACB v Thomson Medical
This note considers the decision of the Singapore Court of Appeal in ACB v Thomson 
Medical [2017] SGCA 20, in which the plaintiff sought damages for the upkeep costs of a 
child conceived using sperm from someone other than her husband as a result of 
negligence by a fertility clinic. The Court held that upkeep costs could not be recovered 
as a matter of public policy, but recognised a new head of loss, namely damages for loss 
of genetic affinity. In a controversial ruling, the Court quantified these damages at thirty 
percent of the upkeep costs of the child. While holding that punitive damages could be 
recovered outside the categories recognised in Rookes v Barnard, the Court rejected such 
an award on the facts of the case.