The Central District Court accepted on Monday an appeal of the birth mother of a baby who was implanted in the wrong mother in the September 2022 embryo swap incident, and ruled that the child, Sophia, would stay with the birth mother and her partner.
The incident originally came to light after tests showed that a pregnant woman who underwent IVF at Assuta Medical Center in Rishon Lezion was carrying a baby that was not genetically related to her or her husband – revealing that the wrong embryo had been implanted during her treatments.
The appeal, accepted Monday, was submitted in November following a lower court ruling that Sophia should be transferred to her genetic parents.
The court also ruled that the child’s best interest requires recognizing the birth mother’s partner as her legal father to prevent a situation where she has two sets of parents.
Given Sophia’s young age and her challenging medical and developmental condition, maintaining a secure attachment with her current caregivers is of critical importance, the judges stressed. They further explained that separating her from them could cause irreversible harm, based on scientific findings in developmental psychology.
It is also critical to ensure that Sophia maintains a relationship with her genetic parents and learns about her life story in a way that is appropriate for her age and abilities, the court said.
Relationship with genetic parents
Welfare authorities will establish a structured framework to allow her to maintain a continuous relationship with her genetic parents while safeguarding her well-being and mental health.
The court’s decision sets a precedent in cases involving biological versus adoptive parenting, raising fundamental questions about parental rights in cases of medical errors in fertility treatments.
The ruling acknowledges that parenthood is not determined solely by genetic ties but also by the emotional bond, commitment, and dedication of the adoptive parents in raising the child.
The lawyer representing Sophia’s birth parents welcomed the decision and told Walla that it “creates grace and order in the rights of parents and children in the age of IVF.
“As a woman, a mother, and a lawyer in Israel, I welcome this ruling, which was issued in alignment with International Women’s Day. In my view, this decision upholds women’s rights – particularly those of mothers who conceived and gave birth through IVF – ensuring their rights are equal to those of all women in the country.”
Sophia’s genetic parents also responded to the verdict, calling it unbearable, and saying that they may appeal the decision.
“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 legitimized and perpetuated under the state’s authority,” they said.
“Our only concern is Sophia’s well-being, her future, her identity, and her life story,” they added, saying that “she has her whole life ahead of her, and we believe that her long-term well-being lies in growing up with her biological family, to whom she bears a resemblance and to whom she was meant to be born. We will study the decision and consider our next steps to rectify this injustice.”