A gay couple’s lawsuit against a reproductive center in Pasadena has been trimmed by a Los Angeles Superior Court judge, dismissing some parts of the claim, but keeping others. 

Albert and Anthony Saniger allege their wish to have a son were denied when Huntington Reprodive Center wrongly implanted a female embryo in their gestational carrier, according to NBC Los Angeles. 

Judge Teresa Beaudet dismissed the negligence claim against the medical group and Dr. Bradford Kolb, but they will still have shore up their breach of contract cause of action for it to remain part of the lawsuit but added that they had provided enough details for now for their claims for fraudulent concealment and violations of the unfair competition law and Consumer Legal Remedies Act to remain in the complaint, according to NBC Los Angeles. 

Medical malpractice was not challenged in the defense motion. Defense attorneys say that the Sanigers have not provided details that would allege conduct on the part of the defendants that would demonstrate anything more than median negligence.

The lawsuit was filed in July and stated that the Sanigers met more than 10 years ago, married in 2013 and dreamed of having two children, both sons. While working with HRC and Kolb, the suit stated that the couple wanted only male embryos transferred to the gestational carrier. The embryos selected had an identified gender to be used in each transfer, according to the suit. 

According to the suit, HRC and Kolb “negligently, recklessly and/or intentionally transferred a female embryo to the Sanigers’ gestational carrier.”

The trial is scheduled for Nov. 29, 2023.