Two-year-old to remain with her birth parents in Assuta case

An Israeli Court ruled that a child born following an embryo mix-up at an IVF clinic should remain with her birth parents.

The decision is the latest in a series of rulings on legal parenthood since the child was born in 2022, following an embryo mix-up at Rishon Lezion's Assuta Medical Centre, Israel. Previously, the Rishon Lezion Family Court ruled that the child, known only as Sofia, should be transferred to the custody of her genetic parents following an investigation to identify them (see BioNews 1267a and 1267b). Sofia remained in the birth parents' custody while their appeal was ongoing. The Central District Court allowed the appeal, ruling that the birth parents should have parental rights over the child.

'The good of the minor, given her age and challenging medical and developmental condition, is to stay with the parents raising her. This takes into account, among other things, her secure attachment to them and the irreversible damage that may be caused to her by severing that attachment...' said the court, according to Haaretz.

The mix-up was originally discovered when the then in-utero fetus was determined to have medical problems. Subsequent tests revealed that neither the woman carrying the child nor her husband could be the biological parents of the fetus (see BioNews 1160). The birth parents were originally granted legal custody of the newborn child, as the genetic parents were unknown at the time (see BioNews 1165). However, the genetic parents were identified in March 2024 and applied for parentage of the child.

The Central District Court determined that it was in Sofia's best interests to legally recognise both the birth mother and the birth mother's husband as parents. The judges added that it was also critical to ensure that Sofia maintained a relationship with her genetic parents and could 'learn and know the story of her life' in a way that is appropriate for her age.

Responding to the ruling, the genetic parents told the Jerusalem Post, 'We are shocked and heartbroken by the decision to overturn the ruling of the Family Court. The painful message conveyed by this decision is that grave mistakes and injustices are not only left uncorrected but are legitimised and perpetuated under the state's authority.'

Treatment was suspended at the clinic where the mix-up occurred after the incident was reported to the Ministry of Health. An inquiry found breaches of protocol occurred due to the heavy workload at the facility and they were subsequently ordered to reduce their operations by 50 percent.

Galit Kerner, a lawyer who represented the birth mother and her husband, welcomed the ruling. She told the Times of Israel the court had 'established that it is not appropriate to separate a mother and father from their daughter, whom they gave birth to, and are raising with love.'

The genetic parents of Sofia have the right to appeal the ruling to the Supreme Court.