Assuta case update: Two-year-old to be removed from birth parents

A court in Israel has ruled that the genetic parents of a baby born following an IVF mix-up are her legal parents, and the child should be transferred from the custody of the birth parents, to them.

The Family Court ordered that the two-year-old child, known as Sofia, be immediately registered as her genetic parents' child. Judge Oved Elias made the ruling following the advice of a private psychologist from the Shinui Institute appointed to the case rather than the recommendations of social workers from the Welfare Ministry's Department of Child Services (see BioNews 1267).

'The benefits that will arise from handing the girl over to her genetic parents and her life with them, overcome the damage that will be caused by disconnecting her from the parents who have been raising her,' said Judge Elias.

He added: 'The benefits of life with the genetic parents are, amongst others, in her future identity, connecting her to the family's genealogy, a shared family story and matching psychologies and family values.'

The embryo mix-up was discovered in September 2022 when the private Assuta Medical Centre in Rishon Lezion, Israel, notified the Health Ministry that genetic testing revealed one of their IVF patients was pregnant with a fetus that neither she nor her partner were genetically related to (see BioNews 1160).

The birth parents were given custody of Sofia after a lengthy legal battle, and the Health Ministry ceased trying to identify the genetic parents of the embryo after unsuccessful attempts (see BioNews 1165). However, the Rishon Lezion Family Court later ruled that several couples who believed they could be Sofia's genetic parents could have genetic testing. The genetic parents were identified in March 2024, and they requested custody of Sofia.

It remains unclear why the change in parental registration was ordered to take place immediately, as this strips the birth parents of their status as her parents and guardians, and the process is expected to take several weeks to months. The child, who underwent operations in the uterus and since birth, has complex medical needs. The judge stated that the custody transfer should be conducted 'with an organised plan' and overseen by the Tel Aviv Social Welfare Department.

Jerusalem Post reported the birth mother's statement: 'I am Sofia's mother, the child who is now a sweet girl who underwent her third life-threatening surgery just a few months ago. I am not a surrogate womb, and with all the sorrow for the egg donor, she did not create a child. I conceived, carried and gave birth and I will not allow them to take my daughter away from me. It is inhumane. I will not let my daughter's life be put at risk.'

The birth parents, who have been raising Sofia for two years, stated that they intended to appeal the decision at the High Court of Justice and fight to keep the child. The appeal is set to be reviewed by a panel of three judges from the District Court.