Israeli Court Favors Birth Parents in IVF Mix-Up Case

Israeli court rules that a couple who gave birth to a baby girl due to an IVF error will remain her legal parents, despite no genetic connection, overturning a prior decision. This case highlights once again the risks involved in such procedures and the critical need for reliable supervision.

By Anash.org reporter

In a complex and emotional case, the Israeli Central District Court ruled that a couple who gave birth to a baby girl due to an IVF error will remain her legal parents, despite having no genetic connection to her. This decision overturned a lower court ruling that had ordered the child, now nearly three years old, to be placed with her biological parents. 

The case began when an IVF mix-up at Assuta Medical Center in Rishon Lezion led to another couple’s embryo being mistakenly implanted. The error was only discovered after the child’s birth. The biological parents sought custody, but the birth parents—who had carried, birthed, and raised the child—appealed the initial ruling, leading to the current verdict. 

The court emphasized that the birth mother had carried the pregnancy without knowledge of the mistake, risking her life to save the baby and dedicating herself to the child’s well-being. Since birth, the child has undergone multiple heart surgeries, with the birth parents providing constant care. The ruling also highlighted the need for stability in the child’s life and the irreversible harm that could result from severing the only parental bond she has known. 

Following the ruling, the birth parents expressed their deep relief. “We are thrilled and emotional over the ruling that corrected the injustice done to us in the lower court,” they said. “We pray this decision will give our daughter and us the peace we need to continue her development.” 

The biological parents, however, reacted with heartbreak. “We are shocked and devastated by this decision,” they said. “This ruling sends the painful message that even the most serious mistakes remain uncorrected. Our daughter belongs with her true family.” Their legal team has already announced plans to appeal to Israel’s Supreme Court.

Unfortunately, this isn’t the first time that such a mix-up has happened, resulting in emotional and halachic disasters. This is the reason that whenever rabbonim permit fertility treatments, they require that the procedures be conducted with the strictest levels of supervision to avoid such tragic mistakes.