Israel’s High Court of Justice ruled on Sunday that a baby girl born following an IVF mix-up at Assuta Medical Center in Rishon Letzion will remain with the non-biological couple who raised her, rather than being transferred to her genetic parents.
The case stems from a devastating mistake during the IVF process, where embryos were accidentally switched, resulting in the birth of a child to a couple unrelated to her biologically.
The decision was delivered by a panel of five justices: Yael Willner, Daphne Barak-Erez, Ofer Grosskopf, Alex Stein, and Yechiel Meir Kasher.
Justice Willner, who authored the majority opinion, was supported by Justices Grosskopf and Kasher. Justice Stein also agreed to reject the appeal but added that the genetic father’s name should be officially recognized on the birth record, without granting him parental rights. Justice Barak-Erez dissented, arguing the baby should have been placed with her biological parents.
Calling the case “particularly painful,” Willner said it touches on the deeply personal matter of one’s role as a parent and the emotional connection between a child and those raising them.
The baby, Sophia, was born on October 26, 2022, through IVF treatment at Assuta. During the pregnancy’s 28th week, doctors discovered a cardiac issue, prompting genetic tests that revealed the fetus was not biologically related to the pregnant mother.
More comprehensive testing completed on September 27, 2023, identified the child’s true biological parents, who then petitioned the court to be recognized as her legal guardians.
Initially, a family court ruled in favor of transferring custody to the genetic parents. That decision was appealed by the couple raising Sophia, and a district court reversed the ruling, determining that the couple who gave birth to and cared for her should retain legal custody.
While the district court maintained custody with the adoptive parents, it also ordered that the biological parents should have some level of involvement in the child’s life. The biological parents subsequently escalated the case to the High Court.
In her ruling, Willner stated that under current legal standards, the woman who gives birth is considered the legal mother, and absent more specific legislation, those rules should be applied here. She urged lawmakers to pass clearer laws to address such cases in the future.
Justice Grosskopf characterized the ruling as “tragic,” adding that the guiding principle had to be the child’s best interests. Willner concurred, emphasizing that the maternal connection between Sophia and the woman who raised her began before birth and was never interrupted.
She also pointed out that Sophia has been living with her adoptive parents since birth and that maintaining this existing relationship is what’s most beneficial for her well-being.
Justice Barak-Erez, who dissented, argued that the biological parents’ original intention in pursuing IVF—to have a genetically related child—should not be overlooked, nor should the challenges faced by the mother throughout the process.
She further criticized the application of adoption laws in this case, explaining that adoption typically involves mutual consent, which was clearly absent here. She also noted that the biological parents never had a chance to form a bond with Sophia, making it impossible to determine if they would provide better care.
{Matzav.com Israel}