Two daughters of Andy Deutsch accused the mother of the extramarital son of falsifying an in vitro fertilization document

Two daughters of Andy Deutsch accused the mother of the extramarital son of falsifying an in vitro fertilization document
Deutsch, his partner and the baby they had in 2014 (Photo taken from the court file)

Businessman Gustavo Andrés “Andy” Deustch she had an extramarital child months before she died. The businessman was 78 years old and in addition to being married, he had a romantic relationship with a 42-year-old woman. In 2013 Karina Caporale became pregnant through in vitro fertilization and in April 2014 she had a son. In September of that year, Andy Deustch died when his plane crashed into a house in the La Isla neighborhood in Nordelta.

In August 2015, the woman managed to get a Civil Judge to order the entry of Alejo (fictitious name) as their children. In February 2017, the Civil judge in charge of Deustch’s succession signed the declaration of heirs: There were no longer four but five children of the businessman.

Deutsch is the father of three women and one man who live in the United States. The four – all over 50 years old – were the product of their first marriage and had no relationship with the multiple businesses of the businessman who he left an inheritance estimated at $ 1 billion.

Surprised by the news that they had a new brother and that they had to share a fifth of their father’s inheritance with him, two of Deustch’s four eldest children took Caporale criminal charges in 2016. They accused her “Procedural scam” by means of the falsification of a private document.

The criminal complaint indicated that Deustch’s signature on the form called “Informed consent for treatment by in vitro fertilization-embryo transfer” was false. That document was signed at the fertility clinic Procreate you, where Andy and Karina did the treatment. Actually Deutsch signed two forms. The first –in March 2013- for a treatment that failed and the second –in August 2013- for which it was successful. Two of his daughters questioned only the second, the one that allowed the businessman’s fifth child to be born.

In other words, the complaint filed by Julia and Allison Deustch it slipped the suspicion that Karina’s child had been conceived in vitro without Andy’s express consent.

The succession files are public, that is, the documentation can be accessed and displayed there without the need to be a party. Infobae He has had access to Deutsch’s succession file where the resolutions regarding the complaint made by two of the businessman’s eldest daughters to Caporale are reflected. The case was settled in the Investigating Court, which in 2016 was in charge of the judge Osvaldo Rappa placeholder image. The Prosecutor’s Office of Instruction 45 intervened, which was subrogated by the prosecutor Eduardo Rosende.

When he resolved the procedural situation of Caporale, Rappa summarized what was the complaint of the complainants. The judge pointed out that a “Fictitious procreation will (ruse or deception) that generates a significant patrimonial damage of the heirs regardless of whether the child is their biological child.”

In the case, the director of Procrearte, the doctor Carlos Alberto Carrere, who explained how the fertilization procedure was and pointed out that it was mandatory to sign the consent to carry it out.

He also highlighted that Deutsch accompanied Caporale in the operating room at the time of the transfer of the fertilized eggs, something that does not happen usually. Carrere said he remembered the case as the age difference between Deutsch and Caporale had caught his attention. And he added that the woman had gone to the office about ten times accompanied by her mother, while the man had done it twice. One to deliver the semen sample that was used in the procedure and the second to be with Caporale on the day of the egg transfer.

Andy Deutsch with his youngest son (Photo obtained from court file)
Andy Deutsch with his youngest son (Photo obtained from court file)

The administrative secretary of Procrearte also stated that she recalled that Deutsch, in addition to having personally delivered the semen sample, also had signed a form to consent to the freezing of his sperm that were to be used in fertilization. And he said – without a doubt – that to carry out the procedure the members of the couples must fill out the forms and their identities are controlled by the exhibition of their documents.

The official handwriting expert and the Caporale defense expert determined that Deutsch’s two signatures were true. While the expert in the complaint said that the second was false. The criminal record also included the expert opinion that had been made in the Civil Court 8 on Deutsch’s signature on the form of the Los Arcos sanatorium called “Newborn Identification”. There Deustch had recognized his son at the time of birth. That Civil Court was the one that ordered that a birth certificate be issued where the child was named with the surnames Caporale Deutsch. When he was initially registered, Deustch did not appear in the original game because, according to Caporale, the businessman was traveling.

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In the criminal file, the result of two DNA studies was added, agreed by the parties in the succession process and voluntarily carried out by Caporale after the Civil Court 8 had ordered the registration with the two surnames. Both DNA studies – which were paid for by the eldest sons of the deceased businessman – confirmed that the boy was the son of Caporale and Deutsch.

When he proposed the Caporale dismissal Prosecutor Rosende pointed out that: “So, as indicated, for this Public Prosecutor’s Office, what has been done so far shows that the document in question is true. But, even in the hypothesis of considering it as false when affirming that the signature inserted there as that of Deutsch was not drawn by his fist writer, the elaboration in this case forces me to end my accusing role within this file. In the scenario in which the signature is not Deutsch’s, I imagine an infinite number of explanations for such irregularity; I express two that I estimate are the extreme points: Deutsch regretted having a child with Caporale and, by a hint of the name to which we are all permeable, saw as a minutiae having to sign a document, allowing another person to draw his signature . Between both points there are infinite possibilities; however, all those that could be relevant to criminalize the falsification of their signature in the analyzed form, are rickety due to the circumstances accredited in the file ”.

The prosecutor explained what was the intention of the complaint with the complaint: “For greater abundance I must emphasize that the defendant herself petitioned the civil judge for a medical expert opinion in order to corroborate the biological link between her son and Gustavo Andrés Deutsch. In this thread of exposition, the prosecution is not unaware of the claim of the complaint, by means of which it would sustain that damage, based on the falsification of Deutsch’s signature in the reproduction assistance treatment that interests here, since it is absent Your consent”.

And concluded: “His attitude – that of whoever Gustavo Deutsch was in life – demonstrates a material will to procreate that exceeds any formal defect that may be erected to try to deny the end he pursued in life: to have a child.”

Fascimile of the dismissal of Karina Caporale dictated by judge Osvaldo Rappa
Fascimile of the dismissal of Karina Caporale dictated by judge Osvaldo Rappa

Prosecutor Rosende requested the dismissal, which was signed by Judge Rappa on April 26, 2017. In the resolution, Judge Rappa also highlighted the intention of the older daughters who made the complaint when he pointed out that: “The plurality of those acts specified by The couple, all of them in different times and places, do nothing but suppose, as was said, about a meditated fatherhood, and the photographs that have been accompanied show the couple, in different properly intimate and family settings, and with a state of mind according to the result obtained. In summary, it has become clear that the axis of the conflict is not linked to a problem related to Deustch’s paternity, but rather a succession issue or the affectation of hereditary percentages between siblings ”.

Deutsch’s daughters appealed the dismissal. And on May 26, 2017, Chamber VI of the Crime Chamber confirmed that decision. The maids Julio Lucini and Mariano González Palazzo After reviewing the evidence in the file –among them the acknowledgment of the child signed by Deutsch on the day of the birth– they founded the confirmation of what was decided by Judge Rappa at the request of Prosecutor Rosende. “Then, from an elementary logical postulate, one cannot fail to conclude that their presence in the clinic at the time of birth is a necessary consequence of the prior signing of the conflicting consent. Apart from this, we are far from a situation not desired by the named, that if he had required a forgery of his signature to carry out the medical practice. For this reason, beyond the surprise that the news could generate in her older daughters, there is a reasoned and determined attitude of her father who accompanied the accused throughout the process. Besides, nothing suggests that he did not agree with the conception, because there was even a previous procedure that for reasons beyond the control did not come to fruition “they pointed out.

An attempt by two of Deutsch’s older daughters to accuse Caporale of falsifying a document to get pregnant failed. It was dismissed.

Tomorrow on Infobae: Note 4. Caporale’s complaint to Andy Deutsch’s older children

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