Israeli IVF mix-up baby to stay with birth family

Israel's High Court of Justice has ruled that testing to find the genetic parents of a baby born as a result of an IVF mix-up should cease, and the child should remain with the woman who gave birth to her.

The baby was born in October after prenatal tests showed she was not genetically related to the woman who was pregnant, or the woman's husband (see BioNews 1160). At the time a search was launched for the genetic parents of the fetus among the patients at the clinic, using genetic material obtained during the pregnancy (see BioNews 1164). This proved unsuccessful and further testing was permitted for four couples to determine genetic parentage, two months after the birth of the baby (see BioNews 1171). This also failed to identify the genetic parents of the baby.

'We welcome the High Court's decision which will finally allow the baby and her parents peace and quiet,' said Ayelet Belcher Prigat, the lawyer for the baby's birth parents.

The court ruled that five couples and one woman who were waiting for genetic testing did not have a high chance of being related to the baby. As such the judges ruled that the interests of the woman who carried the pregnancy had more validity.

'You cannot forcibly turn the mother into a surrogate, and the status of the birth mother as the minor's parent can only be revoked in the most exceptional of cases,' said Judge Alex Stein.