The black father of twins born to a white couple after an IVF mix-up may fight for access to the children.

The father and his wife, known only as Mr and Mrs B, underwent fertility treatment at Leeds General Infirmary.

A white couple, known only as Mr and Mrs A, also had IVF treatment at the hospital.

Upon hearing the news, Mr and Mrs B were in a state of turmoil

Julia Morill, Solicitor

Mrs A subsequently gave birth to twins. However, genetic tests showed that her eggs had been fertilised with Mr B's sperm.

The black couple's IVF treatment was not successful and they remain childless.

The High Court will decide next year on the legal parentage of the twins.

Child access

Julia Morrill, Mr B's solicitor, said her client could seek access to the children.

She told BBC News Online: "It is potentially something he is looking to do."

Mr and Mrs B have also started legal action alleging negligence against the Leeds Teaching Hospitals NHS Trust.

In a statement, Ms Morill said her clients were devastated by the mix-up.

"Mr and Mrs B are truly devastated by the news that Mr B is the biological father of the twins born to Mrs A.

"Mr and Mrs B have been trying for a family for over a decade without success.

"It was shocking and distressing to them to learn that the fertility clinic in which they had put all their trust had made such a terrible mistake.

Dame Elizabeth will rule on parentage next year

"Upon hearing the news, Mr and Mrs B were in a state of turmoil. Mr and Mrs B understand and feel for Mr and Mrs A who too have had to deal with these devastating revelations.

"It has been of some consolation to Mr and Mrs B to know that the twins are being cared for by the A's in an exemplary way."

Previous errors

According to Ms Morill, the Leeds case is only the third time an IVF mix-up has resulted in a live birth.

In 1998, Donna Fasano of New York gave birth to another couple's baby. Mrs Fasano, who is white, gave birth to a black child. The judge ordered that she should hand over the infant to his biological parents.

In Holland in 1993, Wilma Stuart, who is white, gave birth to dark skinned twins. DNA tests proved that the clinic had mixed up the sperm of her husband with that of a black man.

Ms Morill said the Leeds case raised serious questions.

"This case raises the question: How often are fertility clinics making these mistakes and what steps are being taken to ensure this terrible mistake will never be repeated?

"It is plain that the legal and medical issues raised by this case have made great demands on the good and reasoned sense of all the participants in order to make some good come out of a truly appalling situation."

Leeds Teaching Hospitals NHS Trust has apologised for the mix-up.

In a statement, earlier this week, it said: "The trust unreservedly apologises to all those affected."