Israeli woman given legal custody of baby born following embryo mix-up

A family court in Israel has given a couple legal custody of a newborn infant, despite neither being genetically related to the child.

The couple, identified by their Hebrew initials Ayin and Alef, discovered via genetic testing in September that the fetus carried by Ayin, following IVF treatment at the Assuta Medical Centre in Rishon LeZion, was not genetically related to either of them.

Following the birth, Ayin said 'I am tired and exhausted. I have fulfilled my life's dream. I wanted a baby for many years and went through gruelling treatments until the long-awaited moment arrived. I ask that they allow me to raise her and leave me alone'.

A second couple whose embryo the clinic believed was mistakenly transferred to Ayin was contacted (see BioNews 1160) and it seemed that there would be a custody battle for the child. However, after a genetic test ordered by the Lod District Court, they were subsequently shown not to be the child's genetic parents.

As a result, the family court ruled that Ayin and Alef would be the legal guardians of the newborn. The Assuta clinic's chairman Professor Shuki Shemer said that it is now unlikely the infant will be removed, because '[a]t this point, we don't have any leads to identify the child's biological parents'.

Ashkenazi Chief Rabbi David Lau agreed that Ayin should be regarded as the infant's mother under Jewish law, despite not being genetically related. He also stressed the importance of finding the child's genetic parents, in case she should unknowingly marry a brother in the future. Lau's opinion does not carry legal weight.

It is expected that the Israeli Health Ministry will cease efforts to identify the genetic parents of the infant, Haaretz reported. The Ministry has initiated an inquiry into the source of the error, and a decision as to whether to partially or fully close Assuta's IVF unit is expected to be made in the coming month.

Although instances of IVF mix-ups have occurred in the past in New York (see BioNews 2), Italy (BioNews 767) and California (BioNews 1121), this appears to be the first reported occurrence in Israel.